Notices to Pay, Breach of Contract Notices & Termination Notices

The most common types of notices that are served prior to starting an eviction are as follows:

• 3-Day Notice to Quit (for purchase at Trustee’s Sale after foreclosure),

• 3-Day Notice for Non Payment of Rent,

• 3-Day Notice for Breach of Contract,

• 30-Day Notice to Terminate Tenancy for tenants who have occupied a property for less than 12 months,

• 60-Day Notice to Terminate Tenancy for tenants who have occupied a property for more than 12 months

Properties that are covered by the rent control ordinance and government assistance programs follow different rules. Find out if your property is in a rent control area by searching The City of San Jose’s Online Database.In addition to the two types of 3-Day Notices listed above, the following termination notices are appropriate in the City of San Jose:

CITY OF SAN JOSE

• You cannot terminate any tenancies that are covered by the Tenant Protection Ordinance (TPO) unless it falls under one of the 13 Just Causes defined by the City of San Jose. We do not recommend serving any of the applicable notices, warning notices, or evictions without consulting with a professional.

SUBSIDIZED GOVERNMENT HOUSING PROGRAMS

• A minimum of a 90-Day Notice to Terminate Tenancy, NO MATTER WHAT! Most specialists at the County’s Housing Authority will inform you that a 30-Day Notice is sufficient if it is “for cause”, but that is incorrect. A specific civil code section requires landlords to issue a 90-Day Notice to Terminate Tenancy to ANY tenants who are supported by government assistance programs. Please note that all housing contracts are initially fixed-term one-year leases, then they become month-to-month contracts after the first year ends. You cannot terminate a housing contract with a 90-Day Notice until the initial one-year lease expires.

Keep in mind there are times when it is NEVER okay to evict a tenant…