Notice to Quit prior to eviction
In most cases, as a first step, the landlord must serve the tenant with a notice to quit prior to an eviction action. The notices can be a 3 day notice to pay rent or quit, a three day notice to perform covenant or quit, a three day notice to quit, or a 30 or 60 day notice to quit. The most common notice is the 3 day notice to pay rent of quit. Such a notice to quit must be in writing, say the full name of the tenant or tenants. It must also say exactly how much rent the tenant owes. Also it needs to state that the tenant must pay the rent within three days of receiving the notice or the tenant must move out. Lastly it must give the days and times that the tenant can pay the rent and the address that he or she can send it to.
30 or 60 day Notice to Quit
The second most common notice to quit is the 30 or 60 day notice to quit. The landlord is not required to have any cause for the notice. However the landlord may not retaliate or discriminate against the tenant in serving such a notice. If the tenant has been in the premises for less than a year than a 30 day notice is sufficient. However, if the tenant has resided at the property for over a year then the landlord must give the tenant a 60 day notice. The notice must be in writing, say the full name of the tenant or tenants, and say that the tenancy will end either in 30 or 60 days. It is important to know that the tenant is still required to pay rent during the period of the notice.
Notice to Quit Attorney
Whether you are a landlord or tenant facing an eviction it is important that you know your rights. You need an experienced attorney to help you through the process. An attorney that understands how a notice to quit works. We at Foos Gavin law firm have helped hundreds of people in these situations. Sean Gavin has extensive experience in Sacramento and the surrounding counties and therefore knows many of the judges and attorneys that practice in landlord-tenant. Sean Gavin will bring his experience and knowledge to bear in getting you the best possible results in your case. Call Sean Gavin at 916-779-3500 or on the web at www.foosgavinlaw.com. Remember the first consultation is at no cost to you.