Why is it necessary to hire a California Attorney to serve proper Notice on Tenants?
Sometimes no matter how hard you try work with a tenant, it may be necessary to end the tenancy under certain circumstances. A Tenant that repeatedly fails to pay rent and/or violates the terms of their lease or rental agreement can cause problems for other residents in the building and are not good for your business.
Serving a proper notice whether three day, 60 day or thirty day is the first step.(Depending on your situation) Although you may have a valid reason to pursue an eviction, the court will not hear your case unless you follow the proper legal steps beginning with proper service of notice. California, San Francisco, and Berkely all impose different rules it comes to evicting a tenant. Landlords and property owners must abide by these eviction rules to avoid legal disputes. It is best to seek council from a skilled California Real Estate attorney can guide you through the complex eviction process.
Why is a Proper Service of Notices Lawyer crucial for California Evictions?
California landlords must follow strict procedures to evict a tenant. If you believe eviction is necessary, you must understand the laws that apply to your rental property and the proper steps to take to successfully evict a tenant. Eviction laws can vary significantly from state to state.Llandlords must abide by state specific tenant protection laws in these situations. At Bassin Law., our legal team of has been solving landlord-tenant disputes in the Bay Area for over 40 years. If you are a landlord needing to evict a renter, our experienced San Francisco landlord-tenant attorneys can help you understand the basics of eviction. We have been committed to working relentlessly and effectively to guide our landlord clients through each stage of the process. Contact us now and schedule an initial consultation about your landlord-tenant matters.
What is an Eviction Notice and Why is it important?
An Eviction is usally sought when a tenant violates a term of their lease agreement. Such as failure to pay rent, health or safety violations commited by the tenant, conducting illegal activities on the premesis, or damaging to premises. Although you may have clear grounds for eviction, Landlord still need to formally end a tenancy before you can pursue eviction proceedings. This is called terminating the tenancy which is done with a written notice. There are several types of eviction notices. If you’re having a problem with a tenant or want them to move out for a legal reason, you must tell them in writing before taking any legal action. There are many types of eviction notices, in order to bring your case to court you must give the tenant the proper notice. A reliable San Francisco proper service of notices lawyer can help you better understand the importance of eviction notices.
What are the Types of Eviction Notice allowed in California?
An eviction notice may come in a variety of forms. The type of notice a landlord must serve depends on the situation, The State of California has its own specific procedures as to how termination notices and eviction papers must be written and delivered. In California, Several municipalities have enacted additional rules which are even stricter than the rules mandated by the state A top-ranking San Francisco proper service of notices attorney can help you determine the type of notice you need depending on your particular situation.
How do I serve an Eviction Notice Without Cause in California?
An eviction notice without cause can be served when the landlord wants a tenant out but not because of a wrongful act of the tenant. In some municipalities there is Just Cause Eviction Protection where Landlord are requried to follow additional procedures to properly notice a No Cause Eviction.
An eviction notice without cuase must must provide the tenant with the amount of notice required by California law. The rules for terminating a lease without cause may vary depending on whether the tenancy is month-to-month or a fixed term.
Month-to-Month Tenancy Termination Notices In California.
Under California When the tenancy is subject to a month-to-month or other short-term rental agreement, landlords can terminate without cause. If a tenant has a month-to-month rental agreement and has lived in the rental property for less than one year, then a landlord must give the tenant a 30-day written notice to end the tenancy. If the tenant has lived in the rental property for more than one year, then the landlord must give the tenant a 60-day written notice. This requirement may be different under municiple eviction protection laws.
Fixed-Term Tenancy Termination Notices
If the tenancy period is longer than month-to-month, the landlord can’t terminate the tenancy without cause until the end of the term. If a landlord decides to evict without cause, they may be required to pay damages to the tenant. However, if the tenant has lived in the property for 12 months, the landlord doesn’t have to give a tenant notice when a fixed-term lease is ending. This requirement may be different under municiple eviction protection laws.
What is an Eviction Notice for Cause?
When landlords have a valid reason for wanting a residential tenant out, they can use one of three types of termination notices:
Pay Rent or Quit Notice
If the tenant does not pay the full amount demanded in the notice, you may begin eviction proceedings by filing an action for unlawful detainer in court.
Generally, pay rent or quit notices are sent for nonpayment of rent by the tenant. If the tenant doesn’t pay rent when it is due, the landlord can give the tenant a three-day notice to pay rent or quit (move out). These written notices give a tenant a short period, set by state law, to pay rent or else be subjected to an eviction lawsuit.
Cure or Quit Notice: Used to Resolve Lease Violations
If the tenant violates the lease or rental agreement in a way that can be fixed, the landlord can give the tenant a three-day notice to cure. This notice gives the tenant three days to correct the violation or move out. A tenant who fails to do so must move or face the possibility of an unlawful detainer action (eviction lawsuit).This requirement may be different under municiple eviction protection laws.
Unconditional Quit Notice: Used when the Tenant commits a Serious lease violation.
Unconditional quit notices are harsh to tenants. The landlord can give the tenant an unconditional three-day notice to quit when a tenant commits a serious lease violation. In California, unconditional quit notices are allowed only when the tenant has:
- been late with the rent on more than one occasion
- seriously damaged the premises
- repeatedly violated a significant lease or rental agreement clause
- engaged in serious illegal activity
How Can an Eviction Notice Be Served?
An eviction notice is an essential part of the process, but properly serving the notice is just as important. There are rules about how and when a landlord can serve notice to a tenant. The service procedures are designed to increase the likelihood that the person to whom notice is given receives the notice. A qualified San Francisco service of notices attorney can help you determine when and how an eviction notice may be served. Eviction notices may be served in a few ways:
Notices Served In Person
As a landlord, you may deliver the notice by personal service to each adult tenant and subtenant in occupancy. The legal documents may not be left with a minor or at the front door if no one is home. If any tenant is absent, always hand a copy of the notice for that individual to someone at the rental unit, if possible.
Notices Served By Posting
If you can’t serve the notice to tenants personally or by substituted service, the notice can be served by posting a copy on the front door of the rental property.
Notices served By Mailing
You may serve a copy of the notice to each tenant by mail. Mailing must be done from the county where the rental unit is situated.
Call Our Experienced San Francisco Service of Notices Lawyer Today!
Always consult an experienced landlord attorney before trying to evict a tenant for non-payment of rent. The Apartment lawyers at Bassin Law have the experience to do it right the first time. Call 415-753-6200 Today!.