Day Notice To Perform Covenant Or Quit And 60 Day: Fill & Download for Free

This answer is based on California law.You should fill out and serve the “Three-Day Notice to Pay Rent or Quit” (vacate) form, carefully following instructions from a reputable website, such as Nolo Press (Legal Encyclopedia, Legal Forms, Books, & Software) or your local Court website. If the payment demanded hasn’t been received by the deadline, file an unlawful detainer action to get possession of the premises, back rent up to the day the 3-day Notice expired, and monetary damages for any occupancy after that. You probably shouldn’t attempt to do this without an attorney, unless you are up to the challenge of learning a new and complicated procedure of this nature.Given that the first step in the process is serving the 3-Day Notice, at which point you probably won’t have yet hired an attorney, it’s important to get it, well, exactly right. Make sure you check out the details online. In particular, your calculation of the rent owed must not exceed the correct amount, even by a penny. Otherwise, the entire case could be thrown out at trial, costing you precious time. If there are significant maintenance issues with the unit, you would be well advised to look into them before filing the action. Some judges are inclined to give the tenant a bit of leeway if there are legitimate habitability issues.Hunker down. All this will take time. It wouldn’t be all that unusual for it to take at least a couple of months to get them out. The sheriff who is assigned to your local court will perform the eviction; don’t try any funny stuff yourself. If you do, the Court will take offense and punish you severely. The municipal police don’t participate in the eviction unless it’s connected to another criminal matter.Once the unit has officially been returned to you, then you may re-tenant it and try to collect on your judgment against the tenant. When the Sheriff performs the lockout, they will set an appointment; do NOT under any circumstances miss this date and time. If you do, they will have to re-schedule. You or your authorized representative must be present during the lockout, and you should be prepared to change the locks at that time, unless the tenant needs a little time to retrieve his furniture. However, if you have any doubts as to his dependability, it’s probably best to change the locks and then have the tenant make an appointment with you to provide access when he’s ready to remove his belongings.If the tenant is running into troubles in moving his furniture and/or belongings, you can bring to his attention inexpensive moving services, including storage facilities that will leave a “pod” at the premises to be loaded up, then hitched up and taken to the facility. If it’s cheap enough, you might even offer to pay one month’s rent, but make sure the rental is in the tenant’s name.If the tenant abandons the unit while the UD is in progress, you may re-take the unit and continue with the action, which will then be limited to monetary recovery. If there is abandoned property left behind, make sure to handle it according to the applicable statutes, which may require you to give notice and/or store or even attempt to sell the items. Proceeds can technically only be applied to allowable storage charges, not rent owing. (Strange, isn’t it?) Most tenants don’t leave behind anything of significant value; if the total is less than a statutory amount, you can essentially trash it or pick what you want.You will still have to account for the security deposit, but you can apply it to any unsatisfied rent still owing, as well as cleaning and damage to the unit, as outlined in statute. Follow the refund rules carefully, as the Court is a bit touchy about that as well, particularly, the 21-day deadline for mailing the refund. If you don’t know where your tenant is, you must mail the refund, along with the required statement of deductions, to their last known address, which is often the address of the unit. If it doesn’t come back unforwardable, it could be a lead for their new whereabouts. If all of the deposit has been absorbed by allowable deductions, and there’s still a remaining balance owing, you may want to pursue collection against the tenant, perhaps using a collection agency.I should also add the following advice. In order to document any abandoned property or to justify any charges for cleaning or repair, it’s a wise policy to take photographs to support your claims. Also, at each step of the way, you should have reliable information to consult; there are many details involved that can trip you up. This Quora answer is intended to be a summary only.If it should somehow happen that the tenant pays the sum demanded in the 3-Day Notice by its deadline, your cause of action is extinguished, unless you have included in your filing another reason to evict other than the overdue rent demanded (but in that case you should have used a different notice or notices, such as Notice to Perform Covenant). If they end up legally staying on, however, you would probably want to give them a 30-Day or 60-Day Notice to Quit (according to statute), since you may not want to go through all that stress again.

How Many Days Notice For Eviction?It depends upon the reason for eviction and the length of the tenant’s occupancy.The appropriate Eviction Notice to serve for non-payment of rent would be a 3 Day Notice to Pay or Quit, or a 30 or 60 Day Notice to Vacate.If the tenant has been there for less than a year paying on a month to month basis and you want to terminate their tenancy, a 30 Day Notice to Vacate is the correct form to serve. If the tenant has been there for over a year, a 60 Day Notice to Vacate is the eviction notice you want to serve.Non-compliance with their rental or lease agreement - like subletting out to additional tenants - would be a Notice to Perform Covenant. Creating a nuisance or criminal activity would be a 3 Day Notice to Quit.This can also be influenced depending upon whether or not you are in a rent control city. If your property is under rent control it is advisable for you to contact an attorney for the specific requirements of rent control.Answer copied from,What is an Eviction Notice & How Many Days Notice?

It depends on the grounds for eviction. If his grounds are that you owe rent, then he must serve a 3-Day Notice to Pay Rent or Quit. If he merely wants you out, then he must serve either a 30 or 60-Day Notice to Quit (depending on how long you’ve lived there). If he’s alleging that you have committed a serious breach of your rental agreement, he’d have to serve a 3-Day Notice to Perform Covenant.All based on California law and no local rent control ordinances superseding.