In Riverside, the Evictions Process almost always begins with some form of notice to the tenant. The types of notices are 3 day notice to pay or quit, three day notice to perform covenant or quit, 3 day notice to quit, thirty (30) day notice to quit, sixty (60) day notice to quit, and ninety (90) notice to quit.
To get rid of a Riverside tenant, a landlord will almost always need to serve one of these notices – one exception is the end of a fixed term lease.
In fact, we have found that most landlords that lose their eviction cases when they are not represented by a lawyer lose because they serve the wrong notice, fill out the notice incorrectly or serve the notice incorrectly.
Here is a brief explanation of the types of notice to tenants and when to use them.
Three Day Notice To Pay or Quit
The 3 Day Notice to Pay Rent or Quit is what a landlord serves (or has served) on tenant that has not paid rent. The notice must include the following:
The name of the tenant(s)
The address of the rental unit
A demand that the tenant(s) pay the overdue rent within three days or move out
Where the tenant can pay rent and if the rent can be paid in person, the hours the rent can be paid
Some indication that the notice is from the landlord
An indication that you will declare the lease forfeited and pursue legal action to regain possession of the premises if the rent is not paid in full within the three days
If you fail to put any of these things on the notice, the notice is defective and it will likely cause you to lose a Riverside unlawful detainer case filed based on the notice.
IMPORTANT: You must not ask for anything on the Three Day Notice to Pay Rent or Quit other than overdue rent. NO LATE FEES, NO UTILITY FEES, NO BAD CHECK FEES. You are ONLY allowed to demand rent on a 3 day notice to pay rent or quit. So just do not do it.
The amount of rent due may also not be as straightforward as you think. For example: If you have given them some other sort of notice (like a 30 day notice) and that period will run before the end of the month, then you can only ask for the rent through the end of that period.
Remember, if they pay within the three days, you cannot evict them for non-payment of rent.
Three Day Notice to Perform Covenant or Quit
This is a notice you can use when a tenant has not payed the late fee. You can also use this notice for any violation of the lease agreement by the tenant. Examples include – violating pet restrictions, failing to pay the security deposit, etc….
Once this notice is served, they have 3 days to cure (fix) the problem. If they do, the matter is resolved and you can evict them for that reason.
30, 60 and 90 Day Notices
These are the notices to serve when you want to end the tenancy of a tenant that is renting on a month to month basis. The 30 day notice is used for a tenant that has been in the property for less than a year. The 60 day notice is used for a tenant that has been in the property for over 1 year. The 90 day notice is typically required for a Section 8 (or other similar government program) tenant.
3 Day Notice to Quit – the Unconditional Notice
The circumstance under which a landlord can give a three day notice without the ability for then tenant to cure are rare. Examples include when the tenant is dealing drugs or causing great damage to the property or in the situation where there is a foreclosure and the former owner is sitll in the premises- not an exhaustive list. When this notice is used, if the tenant does not leave within the three days, the landlord can file the unlawful detainer.
Notice after Foreclosure
Depending on who is occupying the property after a foreclosure, different laws may apply. If it is a bona fide tenant that rented before the foreclosure, they are entitled to 90 days notice or to occupy the premises until the end of their lease term. If it is the former owner, they are entitled to 3 days notice to quit. If they do not fall under either of those categories, they may be entitled to 60 day notice or 90 notice.
Choosing the Proper Notice, Filling It Out Correctly and Serving the Notice Correctly Are Some of the Most Important Parts of Winning a Riverside Eviction Case. Get Our Free Report “Get Our Free Report: DON’T DESTROY YOUR EVICTION CASE BEFORE IT EVEN STARTS – The Top Three Most Common Mistakes that Kill Landlord’s Eviction Cases“ on The Right to Help Make Sure You Don’t Mess it Up!
As with any legal matter, we suggest you contact a Riverside Unlawful Detainer Attorney.