Los Angeles evictions are hard, expensive, and take longer than they should. To save cost and time some landlords use online templates for eviction notices. Here we are going to explain why this may be a very bad (and expensive) idea. Landlords should never use online eviction templates since they might cost your case.
Why are eviction notices important?
Proper service of the eviction notice is the first step of any unlawful detainer lawsuit. There are strict rules when it comes to these notices. They have contain specific language to be enforceable. If the notice is defective the defendant can force the court to dismiss your eviction.
Eviction notices in California are strictly interpreted by courts. This means that even a small mistake can cost you the case. The purpose of the eviction notice is to give the tenant an opportunity to avoid an eviction by either paying rent or moving out. If the notice is confusing, does not provide clear instructions, or has errors – it will not be enforceable.
Is the eviction notice template you found online legally compliant?
If you want to evict a tenant, you must first prepare and serve a valid eviction notice. So if you are using an eviction notice template you found online, it must be legally compliant. Here are some questions to ask yourself before using a random template you found online:
- Who prepared the eviction notice template? What is the source?
- Is it possible to edit the contents of the eviction template? Or is it just ‘fill in the blanks’?
- Is the eviction notice template CA-compliant?
- Is it compliant with local rent control laws?
- When was the last time the template was updated?
What happens when the eviction notice is defective?
You will likely lose your unlawful detainer case with a defective notice. Even if the tenant is not represented by a lawyer you might still lose. The Court can make its own motion to dismiss your case based on a defect.
Plaintiffs cannot amend the eviction notice after filing the unlawful detainer. That means that if you used an online eviction notice template and it’s defective:
- You will lose the eviction case
- You will have to pay the Defense costs
- You might have to pay Defense attorney’s fees
- You will have to re-serve the eviction notice
- You will have to re-file the eviction case against the tenant
- You will have to pay additional filing fees, service, and other costs to re-file the case
- Additional time delays to evict the tenant, who might not be paying rent at the moment
What is the Difference Between an Eviction Notice and a Notice to Pay or Quit?
A notice to pay or quit is one type of eviction notice. There are many types of eviction notices and they can be used for different situations. To terminate a end after a lease expires, a landlord might use a 60-day notice to terminate. A 3-day notice to pay or quit is the property eviction notice in cases when the tenant did not pay rent. Here are some examples of eviction notices:
- 3-day notice to pay or quit
- 3-day notice to perform covenants or quit
- 3-day notice to quit
- 30-day notice to quit
In this article we use “eviction notice” and notices to quit interchangeably.
General Requirements of an eviction notice in California
California Civil Code 1161 lists the following requirement for a valid eviction notice. If your notice to quit does not have the following it is defective:
- Notice has to be in writing
- Must include the full and accurate name of the tenant
- Address of the property in question
- Must include a notice of forfeiture
- If the property is in City of Los Angeles – it must include the number of bedrooms
Requirements for a valid 3-day notice to pay or quit
- Notice has to be in writing
- Must include the full and accurate name of the tenant
- Address of the property in question
- Must include a notice of forfeiture
- Exact amount of rent owed (no other amounts other than rent allowed)
- Periods of which rent is owed and unpaid
- State that the rent has to be paid within 3 business days or move out
- Provide details of how payment should be made. Include name of the person authorized to accept rent, time in the day that rent can be accepted, phone number, and address for drop-off.
- In Los Angeles the notice must include the number of bedrooms
Requirements for a valid 3-day notice to perform or quit
- Notice has to be in writing
- Must include the full and accurate name of the tenant
- Address of the property in question
- Must include a notice of forfeiture
- Description of the lease violation
- Statement that the violation must be cured within 3 business days or move out
- In Los Angeles the notice must include the number of bedrooms
Requirements for a valid 3-day notice to quit – Nuisance or illegal sublet
- Notice has to be in writing
- Must include the full and accurate name of the tenant
- Address of the property in question
- Must include a notice of forfeiture
- Description of the violation. If a nuisance, must provide dates, witnesses, and description of events.
- Statement that requires the tenant to move out within 3 business days
- In Los Angeles the notice must include the number of bedrooms
It’s important to note that the above is a partial list of requirements. For example, a 3-day notice to pay or quit can only include rent owed from the past 12 months. Always consult with a lawyer before serving a 3-day notice. There are other types of eviction notices with different notice requirements.
Understanding the Unique Nature of Evictions in Los Angeles
Los Angeles has rent control and specific eviction regulations. These local ordinances can impact the eviction process. An online eviction notice template is not always tailored for local rules.
For example, eviction notices in Los Angeles must include number of bedrooms. Failure to include the correct number of bedroom will render your notice defective.
Rent Control adds adds layer of complexity to notices to quit
If you are a landlord in LA County, there is a good chance that your property is under rent control. Cities with rent control have special requirements to serve and prepare notices to quit. Failure to include those special requirements and follow the rules can make your notice defective. A defective notice will lose your eviction case.
Examples of eviction notice errors that will kill your eviction case
We see a lot of errors when landlords use eviction notice templates found online. Here are a few examples:
- Adding a hand-written amount (gardening fee) to a 3-day pay or quit notice. Adding any amounts other than rent to an eviction notice is a material error. That includes an increased security deposit fee.
- Failure to provide an opportunity to cure. Under LAMC 151.09(A)(2), eviction notices in Los Angeles for breach of the lease must include an opportunity to cure the breach.
The Role of Legal Advice in Eviction Processes
Eviction lawyers bring invaluable knowledge and experience to the unlawful detainer process. This not only reduces the risk of legal issues but also provides peace of mind to the landlord. Time is the most valuable commodity in an eviction. Eliminating errors in the eviction notice is the key to ensure a fast eviction.
Reducing the chances of a mistake by using a lawyer is the cheapest and fastest way to evict a tenant in Los Angeles.
Hiring an eviction lawyer can help you save money and time
The biggest currency in evictions is time required to regain possession of the unit. The faster the landlord gets possession, the faster the unit can be re-rented.
Engaging legal counsel can save landlords time and money in the long run. Professionals handle the eviction process efficiently, reducing the likelihood of costly legal battles and lost rental income.
Book your consultation today – Sinai Law
Sinai Law Firm is a full service eviction law firm serving all of Los Angeles County. If you need to prepare and serve a 3-day notice to quit, notice to perform, or any type of eviction notice – you can book a consultation today.
FAQs About Eviction Notices in Los Angeles
No. Eviction notices must be almost perfect to be enforced. Defective eviction notices will result in a loss in court.
These are all different names for different types of eviction notices.
If your eviction notice is defective, your unlawful detainer action will be dismissed. You might need to start over and lose time, money, and energy.
Depends on the type of eviction notice. Most 3-day notices to pay or quit are standard and should not take more than 30 minutes to prepare. 3-day notice to quit for nuisance requires writing a more detailed description of the violations
Yes. Los Angeles has rent control, with unique notice requirements. In addition, Los Angeles has the Just Cause Ordinance, also with special requirements. Important to understand the special instructions depending on your property.
No. A valid 3-day notice to pay or quit must state the exact amount of only rent due at the time of service. No other amounts can be included in the notice. Late fees, increased security deposit, and utilities cannot be included in the notice.
No, and you should not buy one or use templates found online at all. Unfortunately the legislature and local law makers made eviction notices very complicated. It is not advisable to draft one if you are not well versed in the requirements.
Avi Sinai, Esq.
Avi Sinai started to practice law in 2011, focusing on business and real estate transactions. Through aggressive representation of his clients mainly in the commercial real estate field – he helped solved clients needs outside the court and helped them avoid future litigation. Need help with a real estate matter. Contact Avi today.
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