Eviction Notice Form California

NOTICE OF TERMINATION OF TENANCY AND DEMAND FOR POSSESSION

This Notice of Termination of Tenancy and Demand for Possession (the “Agreement”) is executed as of this [Date] (the “Effective Date”) by and between [Landlord Name] (“Landlord”) and [Tenant Name] (“Tenant”), collectively referred to herein as the “Parties.”

1. DOCUMENT PREAMBLE & RECITALS

WHEREAS, Landlord and Tenant are parties to that certain residential/commercial lease agreement dated [Lease Execution Date] (the “Lease”) regarding the premises located at [Street Address, City, State, Zip Code] (the “Premises”); WHEREAS, Tenant is currently in default of the Lease terms as specified herein; WHEREAS, the Parties acknowledge the jurisdictional authority of the State of California, specifically the California Code of Civil Procedure (“CCP”) § 1161 et seq., governing unlawful detainer actions; NOW, THEREFORE, the Landlord hereby issues this formal demand for the cessation of occupancy and the surrender of the Premises.

2. OPERATIONAL DEFINITIONS

1. “Default” shall mean the failure of Tenant to perform any obligation under the Lease, including, but not limited to, the non-payment of rent, unauthorized assignment or subletting, or nuisance.
2. “Premises” shall mean the real property and improvements described in the Preamble.
3. “Cure Period” shall mean the statutorily mandated timeframe granted to the Tenant to rectify a curable breach, as defined under California law.
4. “Unlawful Detainer” shall mean the legal proceeding to recover possession of real property in accordance with California CCP § 1161.
5. “Rent” shall mean the periodic consideration payable by Tenant to Landlord as stipulated in the Lease.

3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Notice of Breach: Tenant is hereby notified that they are in violation of the Lease due to: [Insert Description of Breach, e.g., Non-payment of Rent in the amount of $Dollar Amount].
2. Demand for Possession: Tenant is required to either cure the breach within the timeframe mandated by California law or quit and surrender possession of the Premises to the Landlord.
3. Condition of Premises: Upon surrender, the Premises must be returned in the same condition as at the commencement of the Lease, ordinary wear and tear excepted.
4. Non-Waiver: Any acceptance of partial payment or continued occupancy during the notice period shall not constitute a waiver of the Landlord’s right to proceed with legal action for possession.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Cure Period: Tenant shall have [Number] business days from the receipt of this notice to cure the specified default. Failure to cure within this period renders the Tenant in material breach.
2. Termination: Upon expiration of the Cure Period without full satisfaction of the default, the Lease shall terminate automatically, and the Tenant’s right to possession shall expire.
3. Legal Recourse: Should Tenant fail to vacate the Premises, Landlord reserves the right to initiate an Unlawful Detainer action. Tenant shall be liable for all reasonable attorney’s fees, court costs, and holdover damages permitted under California law.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
2. Entire Agreement: This document constitutes the entire notice regarding the specific breach cited and supersedes all prior communications, whether written or oral.
3. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
4. Dispute Resolution: Any dispute arising out of this notice shall be resolved in the Superior Court of California in the County of [County Name].
5. Force Majeure: Neither party shall be liable for failure to perform due to acts of God, war, or governmental regulation, provided that such events do not excuse the payment of Rent or the surrender of possession.

6. FORMAL EXECUTION BLOCK

LANDLORD:

Signature: ___________________________ Name: [Landlord/Agent Name] Title: [Title] Date: [Date]

TENANT (Receipt Acknowledgment):

Signature: ___________________________ Name: [Tenant Name] Title: N/A Date: [Date]

NOTICE: PURSUANT TO CALIFORNIA LAW, THIS IS A FORMAL LEGAL DOCUMENT. IF YOU DO NOT UNDERSTAND YOUR RIGHTS, YOU ARE ADVISED TO SEEK LEGAL COUNSEL IMMEDIATELY.