Legal Notice - Eviction

CALIFORNIA STATUTORY NOTICE OF TERMINATION OF TENANCY

(EVICTION NOTICE)

TABLE OF CONTENTS

1. Document Header
2. Recitals
3. Definitions

4. Operative Provisions
   4.1 Nature of Default or Termination Grounds
   4.2 Notice Period and Cure Rights
   4.3 Tenant Performance Obligations

5. Representations & Warranties

6. Covenants & Restrictions
7. Defaults & Remedies
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Statutory Proof of Service

1. DOCUMENT HEADER

Notice Date: [NOTICE DATE]

To:
[TENANT LEGAL NAME(S)]
[PREMISES STREET ADDRESS]
[UNIT/APT #]
[CITY], California [ZIP]

From:
[LANDLORD LEGAL NAME or PROPERTY MANAGER]
[LANDLORD STREET ADDRESS]
[CITY], California [ZIP]
[TELEPHONE] | [EMAIL]

2. RECITALS

A. Landlord and Tenant are parties to that certain lease or rental agreement dated [LEASE DATE] (the “Lease”) covering the Premises described above.

B. Tenant is presently in possession of the Premises.

C. Landlord, acting pursuant to California Code of Civil Procedure sections 1161–1162 and Civil Code section 1946.2, desires to provide statutory notice of default and/or termination of tenancy as set forth herein.

3. DEFINITIONS

For purposes of this Notice, the following terms have the meanings indicated:

“Applicable Law” means, collectively, (i) the unlawful detainer statutes, Cal. Civ. Proc. Code §§ 1159–1179a, (ii) Cal. Civ. Code § 1946.2, (iii) any controlling local rent-control or just-cause ordinance, and (iv) any public-health orders affecting residential tenancies.

“Cure Amount” means the sum of past-due rent, late fees, and any other monetary amounts demanded herein, calculated through the date set forth in Section 4.1.

“Lease” has the meaning given in Recital A.

“Notice Period” means the statutory period within which Tenant must either cure the stated default(s) or surrender possession, as more fully described in Section 4.2.

“Premises” means the residential dwelling unit identified in the Document Header.

4. OPERATIVE PROVISIONS

4.1 Nature of Default or Termination Grounds

☐ 4.1.1 THREE-DAY NOTICE TO PAY RENT OR QUIT
Tenant is in default for failure to pay rent in the total amount of $[RENT ARREARS], representing rent due for the period [START DATE] through [END DATE], plus late charges of $[LATE FEES].

☐ 4.1.2 THREE-DAY NOTICE TO PERFORM COVENANT OR QUIT
Tenant has materially breached the Lease by [DESCRIPTION OF BREACH].

☐ 4.1.3 THIRTY / SIXTY / NINETY-DAY NOTICE OF TERMINATION (NO-FAULT / JUST-CAUSE)
Landlord is terminating the tenancy on the ground of [JUST-CAUSE REASON] pursuant to Cal. Civ. Code § 1946.2(b)([SUBSECTION]) and any applicable local ordinance. The required notice period is [30/60/90] days.

4.2 Notice Period and Cure Rights

1. Commencement of Notice Period. The Notice Period begins on the date of service as attested in the Proof of Service below.

2. Cure Deadline. Tenant must, on or before the close of business on the [THIRD / THIRTIETH / SIXTIETH / NINETIETH] day after service:
   a. Pay Rent or Cure. Tender the Cure Amount in full by certified funds at the address set forth in Section 1, OR
   b. Vacate. Deliver possession of the Premises to Landlord.

3. Partial Performance. Acceptance of partial payment or performance shall not waive Landlord’s right to insist on full compliance or commence unlawful-detainer proceedings absent a written waiver signed by Landlord.

4.3 Tenant Performance Obligations

a. Timely cure or surrender as set forth above.
b. Compliance with all other Lease covenants during the Notice Period.
c. Payment of per-diem rent that accrues after the Notice Date through the date Tenant vacates, calculated at $[DAILY RATE] per day.

5. REPRESENTATIONS & WARRANTIES

5.1 Landlord Representations. Landlord represents that:
a. The amounts stated herein are true and correct to the best of Landlord’s knowledge.
b. All required governmental notices (if any) have been or will be provided.

5.2 Tenant Deemed Representation upon Cure. If Tenant cures the default, Tenant is deemed to represent that all other Lease obligations are current and that no further breach exists.

6. COVENANTS & RESTRICTIONS

a. No Retaliatory Action. Tenant shall not commit waste, nuisance, or interference with quiet enjoyment during the Notice Period.
b. Access for Inspection. Tenant shall provide reasonable access upon 24-hour written notice for purposes of inspection or to show the Premises to prospective purchasers or tenants per Cal. Civ. Code § 1954.
c. Hazardous Activities Prohibited. Tenant shall not engage in or permit any illegal or hazardous activity on the Premises.

7. DEFAULTS & REMEDIES

7.1 Events of Default. Failure to cure or vacate within the Notice Period constitutes an “Event of Default.”

7.2 Remedies. Upon an Event of Default, Landlord may:
a. File an unlawful-detainer action in the [COUNTY] County Superior Court—Housing Division;
b. Seek a judgment for possession, unpaid rent, holdover damages, treble damages as permitted by Cal. Civ. Proc. Code § 1174, and reasonable attorney fees if provided for in the Lease;
c. Pursue any additional or alternative remedies allowed under Applicable Law.

7.3 Mitigation. Nothing herein waives Landlord’s duty to mitigate damages as required by law.

8. DISPUTE RESOLUTION

a. Governing Law. This Notice and any ensuing unlawful-detainer proceeding shall be governed by the laws of the State of California.
b. Forum Selection. Exclusive venue shall lie in the state housing or unlawful-detainer division of the Superior Court in the county where the Premises is located.
c. Arbitration. Arbitration is not available for statutory eviction proceedings.
d. Jury Waiver. Tenant’s constitutional right to jury trial is preserved unless expressly waived in writing in compliance with Cal. Rules of Court.

9. GENERAL PROVISIONS

9.1 No Waiver. Landlord’s acceptance of rent after service of this Notice shall not constitute a waiver unless required by law or accompanied by a written waiver.

9.2 Severability. If any provision of this Notice is held unenforceable, the remaining provisions shall remain in full force.

9.3 Integration. This Notice, together with any required statutory attachments, constitutes the entire notice required under Applicable Law.

9.4 Amendments. Any amendment must be in a subsequent written notice served in accordance with Cal. Civ. Proc. Code § 1162.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [EXECUTION DATE], at [CITY], California.

_______________________________
[LANDLORD NAME], Landlord
By: [AUTHORIZED SIGNATORY]
Title: [TITLE]

[Optional additional signature blocks for co-owners or property managers]

11. STATUTORY PROOF OF SERVICE

(Required by Cal. Civ. Proc. Code § 1162)

I, [SERVER NAME], declare that I am at least 18 years of age and not a party to this action. On [SERVICE DATE], I served the foregoing NOTICE OF TERMINATION OF TENANCY on the Tenant(s) named above by:
[Select one and delete the rest]

1. ☐ Personal Delivery. Delivering a copy to the Tenant personally.
2. ☐ Substituted Service. Leaving a copy with [NAME], a person of suitable age and discretion at the Premises, and thereafter mailing a copy to the Tenant at the Premises via first-class mail.
3. ☐ Post & Mail. Affixing a copy in a conspicuous place on the Premises and thereafter mailing a copy to the Tenant at the Premises via first-class mail.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: ___________________

Signature: _______________________________
Printed Name: _____________________________
Address of Server: _________________________