Under what circumstances can you serve a tenant a 3 day eviction notice?

UPDATED: May 14, 2012

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Under what circumstances can you serve a tenant a 3 day eviction notice?

The police showed up on Thursday to arrest a friend the tenants had staying at our house for a week; he had stolen a car and parked it on our street. Our tenants were also taken into custody for being under the influence and violating their probation (we had no idea they had a criminal record). They were released and not charged but since we also live in the house, we are afraid for our safety and need to evict them. We believe this falls under appropriate use of the 3-day eviction as they did both “substantially interfered with other tenants” as well as “used premises for unlawful purposes”.

Asked on May 14, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Most three (3) day notices to pay or quit arise due to the tenant's failure to pay rent when due the landlord. When such happens, the landlord has the option of giving the tenant the opportunity to cure the problem by paying rent when due as opposed to serving a thirty (30) day notice to terminate the lease.

From what you have written the circumstances do not warrant a three (3) day notice to pay or quit. Under the lease's terms, potentially a thirty (30) day notice may be warranted. I suggest that you consult with a landlord tenant further on the subject. If the lease is a month-to-month lease and you want these tenants out, you can serve the required written notice.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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