The landlord must be sure that any grace period for paying the rent has passed or the notice may be deemed insufficient. Serve this type of notice when the tenant has: Assigned or subletted the property without permission Caused substantial damage to the property Stayed in the property after the lease term is up Possessed, used or manufactured illegal drugs on the property Used the property for an unlawful purpose Caused a significant nuisance to other tenants and neighbors after being asked to stop.
Or, a tenant might not pay late fees or overdue rent. If the landlord accepts the rent, the landlord waives gives up the right to evict you based on late payment of rent. Another option is that the tenant could move out within three days of receiving the three-day rent notice.
You can serve the notice yourself. What Happens Next Many tenants move out voluntarily when they receive a three-day notice. In the state of California, landlords may serve a three-day notice allowing them to start the eviction process by filing the Unlawful Detainer in court for a tenant that does not pay up on late rent payments within the three-day notice period.
The third option is not responding to the notice or moving out, which allows the landlord to move forward in the next step of eviction proceedings.
Eviction Defenses There are a number of defenses a tenant can allege at a hearing including the following: The notice was deficient such as by demanding more rent than is owed or was not properly served.
There's no opportunity to fix the problem because it is not curable. The tenant can request a jury trial but most cases are heard before a judge only since a jury trial request can be costly and the tenant must deposit jury fees before the trial date.
For example, state law says that a mobile home owner can only end a month-to-month tenancy in a mobile park for certain reasons.
In California, that means filing a complaint of unlawful detainer in the court of the county where the property is located.