Landlord Question and Answer Forum

Can I give a 30 day notice anytime. Tenants have a month to month lease. They have not paid back due rent, water bills, or submitted several documents I have asked for repeatedly. Just want them out. I believe that just given them a 30 day to move might prevent an eviction process.

Susan, don't waste your time with a 30 day. Do a 3 day notice. This process could take 1-2 months to complete. I don't want to scare you, but be prepared to fine damages they may do before leaving. Also, they may use stall tactics about moving. Follow the eviction time-line. Every day they remain on the property is a $$$ loss to you. There are companies in CA that will fill out and do the serving of papers for about $30-$40. Paperwork MUST be completed properly or the clock gets reset AT court time should they find an error in the Notice and take you to court.

Posted by Stan M, CA on Monday, December 21, 2009

The reason why they have companies serv them is proof , you could give them papers and they can say they never were served , you get a receipt with there signature. when served

Posted by Donald G, MA on Monday, December 21, 2009

Susan, the reason I use a company to do the prep and service is because the laws change all the time and I don't want to waste my time trying to serve them in person. If the paperwork is not prepared properly, you will loose in court should tenant decide to challenge you. This could delay your eviction another 30-60 days.

Posted by Stan M, CA on Monday, December 21, 2009

Thanks, I retained a lawyer and she is being served a 30 day notice to quit. Today! Only $40. If she decides not to move then we will start eviction proceedings.

Posted by Susan Q, CA on Monday, December 21, 2009

Susan, why a 30-day notice vs a 3-day notice if tenant is in lease violation? You may want to call her and ask.

Posted by Stan M, CA on Monday, December 21, 2009