Santa Ana Eviction Lawyer – Anaheim Eviction Attorney – Irvine Eviction Lawyer
Every Day That Goes Buy You Are Losing Money To A Tenant That Is Not Paying Rent.
You Need Fast Eviction Representation.
One Mistake Can Cause Your Unlawful Detainer To Be Delayed For Months Costing You Thousands Of Dollars.
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Three Day Notice To Terminate
Orange County tenants have a nonwaivable right to legally-required three-day notice to terminate their tenancy pursuant to CCP § 1161. Any provision in the rental agreement to the contrary is unenforceable. The code is designed to provide for the minimum notice necessary to protect a tenant’s interest in residential rental property and avoid forfeitures. Arguably, therefore, a Santa Ana lease provision requiring longer notice to a residential tenant (i.e., more than the prescribed three days) should be valid.
Grounds For Three-Day Notice
Default In Rent
Tenants are subject to an Orange County eviction if they or their subtenants continue in possession after defaulting on agreed-upon rent. The three-day notice must state no more than the amount of rent due; and it must be served after the stated amount becomes due. This rule always applies for noncommercial property (basically, any residential rental … including a mobilehome or recreational vehicle). And it also generally applies to commercial property unless the three-day notice is stated and prosecuted as a“estimated” rent demand
A three-day notice for Orange County residential property that overstates the amount of rent due is wholly ineffective and will not support an Santa Ana unlawful detainer action.
A three-day nonpayment of rent notice must be stated in the alternative, demanding that the tenant either “pay or quit“
Breach Of Rental Agreement
A three-day written notice to “perform or quit” is likewise proper to evict tenants in Orange County who have violated any other material covenant of the rental agreement.
A three-day notice may also be served on an Irvine tenant who breaches a lease obligation to maintain the premises in a certain condition. Likewise, violation of a lease provision restricting the type of alterations that may be made in the course of tenant improvements may support an Orange County unlawful detainer on three-day notice
Nonpayment of a “late fee” charged as interest on overdue rent may be the subject of a three-day notice if the lease specifies the late fee obligation as an independent covenant.
A “trivial” or “de minimis” breach is not sufficient ground for an Anaheim eviction and may be raised as an “equitable defense” to an Orange County unlawful detainer. This is a question of fact, left for case-by-case adjudication; there are no clear “rules” as to when a breach crosses the line from “trivial” to “substantial.”
Committing Waste/Nuisance
Finally, a three-day notice to terminate may be served on tenants who:
—breach a covenant prohibiting or restricting subletting, assignment or commission of waste;
—permit a nuisance on the premises (expressly including illegal controlled substance activity, unlawful weapons or ammunition activity, and, on specified conditions, an act of domestic violence, sexual assault or stalking against another tenant or subtenant); or
—otherwise use the premises for an illegal purpose, whether or not the rental agreement expressly prohibits such conduct.
Thirty/Sixty Day Notice To Terminate
A month-to-month tenancy generally may be terminated upon a minimum 30 days’ notice (but be careful, it is 90 days for section 8 tenants).
A periodic tenancy for a term longer than month-to-month may be terminated by minimum 30 days’ notice before expiration of the stated term.
In contrast, periodic tenancies for a term of less than one month may be terminated by written notice served at least one period’s length of time before the desired termination date, so long as at least seven days’ notice is given.
Eviction Pursuant To Sale
In certain situations, an Irvine unlawful detainer may lie to evict occupants holding over after the premises are sold. A Orange County eviction action is maintained on any of these applicable grounds:
Execution sale: The property has been sold under writ of execution against the occupant and title under the sale has been duly perfected.
IRS sale: While not specifically addressed by the code, there seems little doubt that the purchaser of real property at a sale conducted by the Internal Revenue Service (tax-defaulted properties) would be able to maintain an unlawful detainer against the defaulting owner in possession: Such a sale occurs following an administrative levy or writ of execution much as occurs with a sale pursuant to a judicial writ of execution.
Foreclosure sale: The property has been sold upon foreclosure against the occupant (or person under whom the occupant claims) and title under the foreclosure has been duly perfected.
There are very specific rules associated with notices to tenants and the sale of real property. It is important you consult with an experienced Orange County eviction attorney to answer all your questions.
As Orange County Eviction Lawyers helping people with unlawful detainers and eviction services, we are proud to serve the following areas: Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda