2 Things Every Landlord Needs to Know About Evictions

Eviction Notice

California landlord-tenant law is very tenant friendly. A judge in an eviction case will not hesitate to throw a landlord’s case out if the landlord has not properly followed all the steps required to evict a tenant. The following are a few common mistakes that landlords make with giving a notices to tenants. As always, please consult a real estate attorney before embarking on your own eviction notices.

Not Giving Proper Notice

Before a landlord is allowed start the eviction process, a landlord has to give the tenant proper notice. In California, there are three common notices: a 3-day notice, a 30-day notice, and a 60-day notice. Depending on the situation, a landlord may be required to use one of these in particular.

Along with giving the correct notice, a landlord is also required to give a notice with the correct language for the eviction. For example, California Civil Code of Procedure Section 1161(2) details exactly what needs to be in a 3-day notice to pay or quit. Failure to put the correct language in means that the notice is invalid and if the eviction proceeds to court, the judge will throw the case out. As always, it’s best to consult an attorney to make sure your notice is correct.

Not Properly Serving the Notice

Failure to comply with these rules will allow the judge to dismiss a landlord’s case for eviction
Assuming the landlord has the correct notice and has the correct language in the notice, the landlord has to also correctly “serve” the notice. “Serve” is a legal term basically meaning to deliver in a particular method. In California, to properly “serve” the notice, the landlord has to first attempt personal service (as in personally handing the tenant the notice). If the tenant is not available, the landlord is allowed to “sub-serve”, meaning handing the notice to a person who is 18 or older at the property. If personal service and “sub-serve” are attempted and not achieved, then and only then can a landlord “post and mail,” which means to post the notice on the door and mail the notice to the property address.

Again, failure to comply with these rules will allow the judge to dismiss a landlord’s case for eviction.

These are the two common traps that landlords commonly fall into. There are many notice templates online, but many of them are outdated or lack the required information for California. It is always highly advised to consult a real estate attorney to make sure you are giving the proper notice to avoid any delays in evicting a tenant.

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Eric Ching

Eric Ching, Esq. - Real Estate Attorney




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  4 comments for “2 Things Every Landlord Needs to Know About Evictions

  1. November 16, 2015 at 5:58 pm

    I like the valuable info you provide in your articles.

    I will bookmark your blog and check again here frequently.
    I’m quite certain I’ll learn many new stuff right
    here! Best of luck for the next!

    • February 27, 2016 at 2:57 pm

      We all could write a chapter of our exncpierees with our investment properties and have a best selling book ! Good luck in your saga here. My wife Stephanie and I have a number of investment properties in Philadelphia. Knock on wood, we have not had to do an eviction as of yet. But we do deal with the drama here and there. Also, being in the real estate industry, am in it everyday as we help a lot of investors buy and sell in Philadelphia and do place tenants once in awhile as well.Overall, even with the negatives that happen sometimes, I am all for investing in Real Estate for the long term to protect and grow wealth as it is a great vehichle to build equity and income for retirmement goals.I wish you luck with the continuation of this story. Will stay tuned !

  2. November 27, 2015 at 9:37 pm

    I am really grateful to the owner of this website who has shared this enormous piece of writing at at this time.

  3. December 1, 2015 at 1:49 pm

    Highly descriptive article, I loved that bit. Will there be
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