Proper Service of Notices Attorney in San Francisco, California

Sometimes no matter how hard you try to find cooperative and reliable tenants, it is necessary to end a tenancy under certain circumstances. Tenants who repeatedly fail to pay rent and violate the terms of their lease or rental agreement in a significant way are not good for your business. Although you may have valid reasons for eviction, you cannot evict the tenant without going through the proper legal steps beginning with proper service of notice.

There are various rules when it comes to evicting a tenant. Landlords and property owners should abide by these eviction rules to avoid legal disputes. A skilled California real estate attorney can guide you through the complex eviction process.

Why Do I Need a Proper Service of Notices Lawyer in California?

California landlords must follow strict procedures to evict a tenant. If you believe eviction is necessary, you must understand the laws that apply to your rental property and the proper steps to take to successfully evict a tenant. State laws can vary significantly regarding the rules landlords must abide by in these situations.

At Steven Adair MacDonald & Partners, P.C., our legal team has been solving landlord-tenant disputes in the Bay Area for over 30 years. If you are a landlord needing to evict a renter, our credible San Francisco landlord-tenant attorneys can help you understand the basics of eviction. We are committed to working relentlessly and effectively to guide our clients through each stage of the process. Contact us now and schedule an initial consultation about your landlord-tenant matters.

What is an Eviction Notice?

Evictions may occur for various reasons outlined in the lease, such as failure to pay rent, health or safety violations, illegal activities, or damage to the premises. Even if you have clear grounds for eviction, you still need to formally end a tenancy before you can pursue eviction proceedings.

The first step is to terminate the tenancy with a written notice. If you’re having a problem with a tenant or want them to move out for a legal reason, you must tell them in writing before taking any legal action. A reliable San Francisco proper service of notices lawyer can help you better understand the importance of eviction notices.

What are the Types of Eviction Notice?

An eviction notice may come in a variety of forms. The type of notice a landlord must serve depends on the situation, and each state has its procedures as to how termination notices and eviction papers must be written and delivered. A top-ranking San Francisco proper service of notices attorney can help you determine the type of notice you need depending on your particular situation.

Eviction Notice Without Cause

An eviction notice without cause can be served when the landlord wants a tenant out but not because of a wrongful act of the tenant. They simply must provide the tenant with the amount of notice required by California law. The rules for terminating a lease without cause may vary depending on whether the tenancy is month-to-month or a fixed term.

Month-to-Month Tenancy

When the tenancy is subject to a month-to-month or other short-term rental agreement, landlords can terminate without cause. If a tenant has a month-to-month rental agreement and has lived in the rental property for less than one year, then a landlord must give the tenant a 30-day written notice to end the tenancy. If the tenant has lived in the rental property for more than one year, then the landlord must give the tenant a 60-day written notice.

Fixed-Term Tenancy

If the tenancy period is longer than month-to-month, the landlord can’t terminate the tenancy without cause until the end of the term. If a landlord decides to evict without cause, they may be required to pay damages to the tenant. However, if the tenant has lived in the property for 12 months, the landlord doesn’t have to give a tenant notice when a fixed-term lease is ending.

Eviction Notice for Cause

When landlords have a valid reason for wanting a residential tenant out, they can use one of three types of termination notices:

Pay Rent or Quit Notice

Generally, pay rent or quit notices are sent for nonpayment of rent by the tenant. If the tenant doesn’t pay rent when it is due, the landlord can give the tenant a three-day notice to pay rent or quit (move out). These written notices give a tenant a short period, set by state law, to pay rent or else be subjected to an eviction lawsuit.

Cure or Quit Notice

If the tenant violates the lease or rental agreement in a way that can be fixed, the landlord can give the tenant a three-day notice to cure. This notice gives the tenant three days to correct the violation or move out. A tenant who fails to do so must move or face the possibility of an unlawful detainer action (eviction lawsuit).

Unconditional Quit Notice

Unconditional quit notices are harsh to tenants. The landlord can give the tenant an unconditional three-day notice to quit when a tenant commits a serious lease violation or does something that can’t be corrected. In most states, unconditional quit notices are allowed only when the tenant has:

• been late with the rent on more than one occasion
• seriously damaged the premises
• repeatedly violated a significant lease or rental agreement clause
• engaged in serious illegal activity

How Can an Eviction Notice Be Served?

An eviction notice is an essential part of the process, but properly serving the notice is just as important. There are rules about how and when a landlord can serve notice to a tenant. The service procedures are designed to increase the likelihood that the person to whom notice is given receives the notice. A qualified San Francisco proper service of notices attorney can help you determine when and how an eviction notice may be served.

Eviction notices may be served in a few ways:

In Person

As a landlord, you may deliver the notice by personal service to each adult tenant and subtenant in occupancy. The legal documents may not be left with a minor or at the front door if no one is home. If any tenant is absent, always hand a copy of the notice for that individual to someone at the rental unit, if possible.

By Posting

If you can’t serve the notice to tenants personally or by substituted service, the notice can be served by posting a copy on the front door of the rental property.

By Mailing

You may serve a copy of the notice to each tenant by mail. Mailing must be done from the county where the rental unit is situated.

Call Our Experienced San Francisco Proper Service of Notices Lawyer Now!

The San Francisco eviction process can be challenging for both tenants and their landlords. A landlord must follow the proper procedures and abide by state laws. Knowing your rights as a landlord can help ensure that the eviction process goes smoothly.

If you need to evict a tenant, it is imperative to seek legal advice from our seasoned San Francisco proper service of notices lawyer at Steven Adair MacDonald & Partners, P.C. They can ensure that you’re following the eviction rules imposed on landlords and property managers. Our landlord-tenant law firm has extensive experience in solving landlord-tenant disputes like eviction. We will help you understand the landlord’s rights and responsibilities and deal with difficult tenants.

Contact us now and schedule an initial consultation to get legal help with the eviction process in San Francisco County.