Eviction Notice Template California Pdf

NOTICE OF TERMINATION OF TENANCY AND DEMAND FOR POSSESSION

1. DOCUMENT PREAMBLE AND RECITALS

This Notice of Termination of Tenancy (the "Notice") is issued this [Date] day of [Month], [Year] (the "Effective Date"), by [Landlord Name] (“Landlord”), located at [Landlord Address], to [Tenant Name(s)] (“Tenant”), regarding the real property located at [Property Address, including Unit Number] (the "Premises").

Recitals: WHEREAS, Landlord and Tenant entered into a residential lease agreement dated [Lease Execution Date] (the "Lease") for the Premises; WHEREAS, Tenant is currently in breach of the Lease terms and/or the California Civil Code as specified herein; WHEREAS, Landlord exercises its legal right to terminate the tenancy and demand possession of the Premises in accordance with California law;

2. OPERATIONAL DEFINITIONS

1. "Premises" shall mean the residential property and any appurtenant structures located at the address identified in the Preamble.
2. "Lease" shall mean the written agreement governing the occupancy of the Premises, including any addenda or amendments thereto.
3. "Default" shall mean the failure of Tenant to perform any obligation required under the Lease or applicable California law, including but not limited to, the payment of rent or compliance with lease covenants.
4. "Cure Period" shall mean the period specified by California statute (e.g., 3-day for monetary breach, 30/60-day for non-monetary or no-fault termination) during which the Tenant may remedy the Default, if applicable.
5. "Possession" shall mean the physical occupation and control of the Premises, which must be surrendered to the Landlord upon the expiration of the Notice period.

3. SUBSTANTIVE TERMS AND OBLIGATIONS

1. Notice of Breach: Landlord hereby notifies Tenant that the following Default(s) have occurred: [Specify breach, e.g., failure to pay rent of $X, or violation of house rules].
2. Demand for Performance or Possession: Tenant is hereby required to either: (a) remedy the Default described above within the statutory period prescribed by California law; or (b) deliver full and peaceful possession of the Premises to the Landlord.
3. Rental Obligations: Tenant remains liable for the payment of all rent and other charges due under the Lease up to the date of actual surrender of the Premises.
4. Condition of Premises: Upon surrender, Tenant shall restore the Premises to the condition required by the Lease, ordinary wear and tear excepted.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Failure to Cure: In the event Tenant fails to cure the Default or vacate the Premises within [Insert Statutory Period, e.g., 3 business days/30 days] of the service of this Notice, Landlord shall be entitled to initiate an Unlawful Detainer action in the Superior Court of [County Name] County.
2. Remedies: Landlord reserves all rights and remedies available at law or in equity, including, but not limited to, the recovery of past due rent, damages to the Premises, reasonable attorney fees, and court costs as permitted by California law.
3. Non-Waiver: No acceptance of partial rent or failure to enforce any breach shall constitute a waiver of the Landlord's right to terminate this tenancy or seek possession.

5. BOILERPLATE LEGAL PROVISIONS

1. Governing Law: This Notice shall be governed by and construed in accordance with the laws of the State of California, specifically the California Code of Civil Procedure § 1161 et seq.
2. Severability: If any provision of this Notice is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
3. Entire Agreement: This Notice constitutes the entire communication regarding the termination of the Lease. Any modifications must be made in writing and signed by both parties.
4. Dispute Resolution: Any dispute arising out of this Notice shall be adjudicated within the jurisdiction of the Superior Court of the State of California for the county in which the Premises is located.
5. Force Majeure: Neither party shall be held liable for any delay or failure in performance caused by acts of God, war, terrorism, or other events beyond their reasonable control, provided that such events do not excuse the ongoing obligation to pay rent.

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Landlord has caused this Notice to be executed as of the Effective Date.

LANDLORD:

[Landlord Name or Entity Name] By: [Signatory Name] Title: [Title/Capacity] Date: [Date]

TENANT ACKNOWLEDGMENT OF RECEIPT:

(Note: Signature does not constitute admission of fault, merely acknowledgment of service)

[Tenant Name] Date: [Date]