Notice Options and Legal Remedies
In Part 3, we covered how to prepare for a conduct-based eviction, looking at what to document, when witnesses matter, and what a clean file looks like. This email covers what comes next as we examine the notice options available and determine the right path forward.
What Notice Options Are Available?
There are two primary types of notice used in conduct-based evictions.
Three-day notice to perform or quit. This is the most common notice for conduct-based violations. It gives the tenant three days to correct the violation or vacate. Most lease violations that aren’t severe enough to warrant immediate termination go through this process. The notice must correctly describe the violation and clearly state how the tenant is expected to cure it.
Three-day notice to quit. Under AB 1482, there are specific at-fault grounds that allow the landlord to require the tenant to vacate without an opportunity to cure. These include unauthorized subletting, legal nuisance, waste, and refusal to allow lawful entry. The standard for these is high. Nuisance and waste need to be serious. Not a few noisy nights or a hole in a wall.
How Do You Decide Which Notice to Use?
The decision depends on the nature of the violation, whether the violation is curable under the law, and the specific lease provisions or statutory grounds involved. As we covered in Part 2, the wrong notice choice can work against you even when the facts are on your side. This is where consultation with our office matters most.
What Are the “At-Fault” Just Causes Under AB 1482?
Civil Code Section 1946.2 defines the at-fault just causes that support a conduct-based eviction. These are the recognized grounds:
Breach of a material lease term that remains uncured after the tenant has been given a valid notice to perform or quit. The “valid” part is critical, and that is where most conduct-based cases begin. Getting the notice right at this stage determines what options are available down the line.
Nuisance
Waste
Criminal activity
Unauthorized subletting or assignment
Refusal to allow lawful entry
Other grounds as defined in Civil Code Section 1946.2
Many of these were introduced in Part 1 as the “usual suspects.” The difference here is that these are the specific statutory grounds we will evaluate when determining how to proceed.
Are There “No-Fault” Options?
AB 1482 also recognizes “no-fault” just causes for termination. These are separate from the conduct-based grounds this series focuses on, but worth knowing about.
- Owner move-in. The intent to occupy the unit must be stated in the lease agreement.
- Withdrawal from the rental market.
- Substantial remodel. This means more than cosmetic updating. Think electrical, plumbing, or structural work with at least some indication of necessity.
No-fault terminations carry their own requirements, including relocation assistance to the tenant. These rarely come up in the multifamily context, but if you have questions about whether a no-fault option applies to your situation, contact our office.
What Happens After the Notice Is Served?
Once the notice is served, the notice period begins to run. During that time, the tenant can respond in one of three ways.
- Cure the violation. The tenant corrects the behavior or condition described in the notice. The tenancy continues.
- Vacate the property. The tenant leaves within the notice period.
- Neither. The tenant does not cure and does not vacate. At that point, our office reviews the evidence, the validity of the notice, and the available options. When eviction protections apply, this is when a final three-day notice to vacate must be issued to terminate the tenancy. The first notice gives them the option to cure or vacate. If they do neither, then we must issue the final notice. If the case supports it, the next step is filing an unlawful detainer action, which Part 5 will cover.
Throughout this stage, continue documenting conditions and conduct on the ground.
A Note on Local Ordinances
The focus of this series is state law under AB 1482, but local ordinances may impose additional or different notice requirements. If you’re unsure whether your property falls within a particular city’s jurisdiction, the Sacramento County Assessor’s Parcel Viewer is one tool that can help confirm.
In Part 5, we’ll cover the litigation process: what happens when a conduct-based eviction goes to court, what to expect, and how to prepare
