![]() As with most things, understanding how the process works and having knowledge of the available legal options can minimize an otherwise stressful event. If the need does arise to initiate a notice to quit, it is important for tenants to realize that they do have certain legal steps that can be taken to slow the process down and help them make the best decision under the circumstances. If communication is maintained, many times compromises can be made and problems can be solved without the need to pursue legal action. In other cases, however, simply maintaining an open line of communication between the tenant and the landlord can alleviate a majority of problems before legal action is required. Sometimes, there simply can be no remedy between a landlord and a tenant and the eviction process is the only way to remedy the situation. When a notice to quit is served, it can be a confusing and frightening time for the tenant, and in many cases, the landlord files the notice as a last resort and would rather find another way to resolve the issue. The motion to stay can also be filed in place of the answer. At that point, the tenant can file the motion to stay, which asks the court to delay the eviction for up to 10 days. If the summary eviction is granted, the landlord pays for the local law enforcement agency to initiate the eviction process. If summary eviction is not granted, the landlord can still file a formal notice of eviction. In other words wait until the tenant is late with the rent. If the tenant files an answer, the court will hold a hearing (usually within a week) in order to determine whether an order for summary eviction will be granted. The 3-day notice can be served as soon as the rent is past due. ![]() If the intent of the notice was for the tenant to pay a late rent payment, as soon as payment is made the tenant is considered to have complied with the notice to quit. If the landlord wants you gone, hes required to give you at. Move out of the premises within the allotted time of the notice Even if you dont have a lease, a California landlord cant kick you to a curb without warning.Pay any delinquent rent that is due to the landlord within the allotted time of the notice.When responding to the notice to quit, there are several options available to the tenant: Summary eviction notices will usually give a tenant 10 judicial days or less to respond judicial meaning any day that is not a weekend, a holiday, or the day the notice was served. Formal notices will usually give a tenant 30 days to respond. Formal notices are used to evict tenants after the expiration of a lease or if the property has been sold. Regardless of which type of notice is received, the time to respond to the notice is the most critical aspect of the process. The main difference between the two is the time you have to respond. There are two types of eviction notices that a landlord can issue: a summary eviction notice and a formal eviction notice.
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