1 MB Practice Guide: CA Landlord-Tenant Litigation 4.21

Summary

• 4.21[1] Landlord’s Checklist.
  • □Determine timing:
    • ◯May serve three-day notice on tenant at any time after breach, subject to the following:
      • □For failure to pay rent, no later than one year after rent becomes due.

        Authority:

        CCP § 1161(2).

        Discussion:

        See 4.23[1][e].

      • □For breach of covenant, at any time within ordinary period of limitation for breach.
      • □For nuisance or unlawful use of property, at any time within ordinary period of limitation for such acts.

        Authority:

        CCP § 1161(3), (4).

        Discussion:

        See 4.23[2][b].

  • □Prepare three-day notice, including:
    • ◯Landlord’s signature;
    • ◯Description of tenancy premises;
    • ◯Statement of breach (including breach of obligation to pay rent, other breach of covenant, or unlawful use) and demand for correction of breach within three days, if breach is capable of correction;
    • ◯Unambiguous demand for possession, in the event tenant does not cure breach; and
    • ◯Declaration of forfeiture (optional).

      Authority:

      CCP §§ 1161, 1174(c).

      Discussion:

      See 4.24.

  • □Serve notice of termination of ...