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Termination and Eviction Handout

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Termination and Eviction Handout Termination & Eviction Fair Housing Guidelines Tenant/Landlord Rights and Responsibilities FAIR HOUSING SERVICES may mean the family loses their Unconditional 3-day Notice to (530) 757-5623 home and has difficulties finding Quit, a30-or 60 day Notice to [email protected] other rental housing due to an Terminate Tenancy, or a 90- eviction judgement on their day Notice to Terminate record. For a landlord, an eviction Tenancy. What is an Eviction? can mean the loss of time and 2. After the 3, 30, 60 or 90 days The word "eviction" refers to money involved in filing the are up, and if the tenant hasn’t the process of a sheriff or marshal eviction lawsuit and obtaining a paid the rent, corrected the ordering a tenant to get out or be judgment, as well as the risk of not violation or left, the landlord forcibly removed from a rental being able to collect the unpaid can begin an eviction lawsuit property. In order for a sheriff or rent or cost of repairs even after by filing an “unlawful detainer marshal to evict a tenant, they winning a judgment. It is complaint” in superior court. need a court order known as an worthwhile for both the tenant and The tenant must file a written "unlawful detainer judgment.” To the landlord to work on finding a response in court, usually obtain an unlawful detainer way to terminate the tenancy in a within 5 days of being served judgment, the landlord must first way that minimizes the negative with the paperwork or risk a file an eviction lawsuit against the effects to both parties and prevents default judgment against tenant. This eviction lawsuit is an eviction. known as the "unlawful detainer him/her. This fact sheet provides action.” Before an unlawful general information on the 3. If the tenant files a response, detainer action is filed, a landlord eviction process as it applies to the court will set the case for is required to provide the tenant residential rental property. The trial. After trial, (or if the case with proper written notice of information in this fact sheet is decided summarily by a termination of the tenancy. should be used as a guideline and judge), if the landlord wins, A landlord cannot evict, or is not intended to serve as legal the landlord gets a judgment exercise what is known as "self- advice. for possession of the property help" eviction to forcibly remove a and for rent and court costs. The Eviction Process tenant from the property. Threats, The landlord obtains a “Writ The eviction process following shutting off utilities, invading a of Execution” from the clerk service of a proper notice of tenant's privacy, locking out, or and gives it, and eviction termination of tenancy usually other attempts to physically instructions, to the sheriff or remove a tenant from the property goes like this: marshal. may be considered part of an 1. The landlord terminates the 4. The sheriff or marshall gives illegal self-help eviction. tenancy by serving a the tenant written notice by Although sometimes termination notice on the posting it on the door that he’ll be necessary, the eviction process can tenant, which may be a 3-day forcibly evicted within 5-7 days if be costly, time consuming and Notice to Pay Rent or Quit, a he/she doesn’t move out first. carry negative consequences for 3-day Notice to Perform 5. After the expiration of time on the affected parties. For tenants, Covenant or Quit, an the negative effects of an eviction the notice posted by the sheriff or Revised 11/10 marshal,, the sheriff or marshal The notice is personally permitted under certain forcibly evicts (by locking out) handed to an adult at the circumstances which are generally any tenants who have not left, and tenant's address when attempts provided for in the lease: turns the property over to the to personally serve the notice 1. The tenant has sublet all or landlord. to the tenant fail; OR part of the rental unit and the The notice is posted on the lease prohibits subletting. Termination Notices 2. The tenant is causing a Before an unlawful detainer tenant's front door and a copy nuisance by seriously lawsuit is filed against a tenant, of the notice is mailed to the interfering with other tenants' the law requires the landlord to tenant's home after attempts to ability to live normally in their properly terminate the tenancy by personally serve the notice fail. homes (e.g. constant loud giving the tenant adequate written Three-Day Notice to Perform music or noise, or selling notice. There are several types of Covenant or Quit illegal drugs). written notices used to terminate This notice, known as a 3. The tenant is causing residential tenancies. "conditional 3-day notice”, is significant damages to the Three-Day Notice To Pay Rent similar to the 3-day notice to pay property. or Quit rent or quit discussed above in that 4. The tenant is using the A landlord can terminate a it gives the tenant the option of property for an illegal purpose tenancy for non-payment of rent continuing the tenancy if the stated (e.g. dealing drugs, running a by giving the tenant a three-day violation is corrected. This type of prostitution house, operating a notice must be served on the advanced written notice using a legitimate business in violation form called a "Notice to Pay Rent tenant in the same manner as the of a zoning code.) or Quit”.“ If within three days 3-day notice to pay rent or quit and The unconditional 3-day notice after the notice is properly served must state the specific lease or must be served on the tenant in the on the tenant (the three days are rental agreement provision that same manner as the 3-day notice counted starting one day after the has been violated. If the tenant to pay or quit. The landlord may notice is served), the tenant pays corrects the violation within the 3 proceed with filing the unlawful the rent and the landlord accepts it, days, their tenancy continues and detainer lawsuit one-day after the the termination is ineffective and if the violation is not corrected 3-day period is complete if the the tenant may continue to stay. If within the three-day period, the tenant does not move out of the the tenant does not pay rent or landlord may proceed with the unlawful detainer action. rental unit. move from the property by the end of the third day, the landlord may Unconditional Three-Day Notice 30 and 60-Day Notices proceed to file the unlawful to Quit A 30 or 60 day notice is detainer lawsuit. The landlord may The most severe type of notice required to terminate a month-to- not refuse a tenant’s rent when is called an unconditional 3-day month tenancy except where the offered within the 3 day notice notice to quit. This notice does not owner seeks to terminate tenancy period. give a tenant the alternative of following foreclosure or when the The three-day notice to pay or correcting any alleged lease tenant resides in subsidized quit must state the exact amount of violations or stopping housing (Public Housing, Section rent due at the time the notice is inappropriate behavior, but instead 8 housing, or other assisted served and where and when it can requires that the tenant vacate the housing based on income). If a be paid. The notice is considered rental unit within the three-day tenant has been a resident for over properly served when: period. Typically tenants receive one year, a 60 day notice is The notice is personally written or verbal warnings prior to required. A tenant can use a 30- handed directly to the tenant; this type of notice being served. day notice to notify the landlord of OR This type of notice is only his/her intent to terminate the Revised 05/15 2 month-to-month tenancy. A When a tenant is severely They complain to health landlord is required to provide a disturbing other tenants or authorities or exercise their 30-or 60 day notice to terminate a seriously damaging the statutory rights, such as the tenancy before taking other action property. right to “repair and deduct” to evict a tenant (unless a 3-day When a tenant conducts (by deducting the cost of notice provision applies). serious illegal activity on the habitability-related repairs A 30 or 60 day notice does not rental property. from the rent) within the have to state the landlord’s reason previous six months. for wanting the tenant to move out The 30-or 60 day notice can be Reasons Where a Landlord unless the tenant or unit receives served on the tenant any day of the Must Evict assistance from the federal or state month but must allow the tenant A landlord is required by law government.(e.g. subsidized the full 30 or 60 days to comply to evict tenants who use their housing) If the tenant or unit (or 35 days if is mailed). A 30-or rental property to sell, use, store or receives this type of assistance, 60 day notice can be served in any make illegal drugs. different rules for terminating the of the ways the 3-day notices can be served. (See section on "Three- tenancy apply and the tenant Mediation day Notice to Pay or Quit" above.) should seek legal assistance Many landlord-tenant immediately to determine his/her Eviction Without Notice problems can be successfully rights.
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