Notices: 3 day, 30 day, 60 day, 90 day, 24 hour
People often get confused over a variety of notices and when to use. I will outline the ones mentioned above.
3-Day to Pay Rent or Quit
This notice is used if you haven’t received the rent by the due date. You post a 3 day notice to pay rent or move. You can only ask for the rent owed. You cannot add to it the late fee or NSF check fee. At the end of 3 days if the rent still isn’t paid then you proceed to eviction. You can do this yourself but I recommend using a tenant law attorney. They do this all the time, and will save you more time and money than if you do it yourself. There are specific things that must be done and if you do it incorrectly the entire process can start over. Use an attorney. Often once the tenant get a letter from the attorney they know you mean business and either pay up or move out.
3-Day to Perform or Quit
This notice is posted if the tenant has violated the terms of the lease for example – noise complaint, they have a pet and the lease says no pets. You post a 3 day notice for them to correct the situation (get rid of the pet) or they have to move.
30-Day Notice to Vacate
You can give this to your tenant if they are on a month to month rental contract or if their lease is less than 1 year in duration. Hint: always make your lease short of 1 year. Ex: lease date is March 1, the lease expires Feb 28th. You do not need to give reason for giving notice.
Tenants only need to give a 30 day notice to Owner. You want to put in the lease or the month to month contract that you want a written 30 day notice so that they don’t show up on the last day of the lease with keys in hand.
60-Day Notice to Vacate
If tenant has lived in the property for more than 12 months. You do not need to give reason. The exception here is if the tenant has been in property for 12 months or more and a roommate moves in and has been there less than 12 months then you can give a 30-Day notice to everyone.
90-Day Notice to Vacate
If you participate in the Section 8 housing voucher program you need to give 90-day notice because it takes tenant longer to find another owner who participates in the program. Section 8 is a housing subsidy program through HUD.
24-Hour Notice
This is used anytime you, the owner, wants to come to the property for inspection or maintenance. You need to give tenant 24 hour notice that you will be at the property. You can mail the notice or you can post the notice on the door if you aren’t able to reach the tenant by phone.
Please check out my website at www.PortolaRentals.com if you are interested in properties in Santa Cruz or have rentals in Santa Cruz, CA.
Kathleen Richards
