[CA] How do I evict my subtenant for incurable violations?
Hello, I need to serve my subtenant an incurable eviction notice. Every time I choose the incurable form, it turns into a comply or quit form. Can I speak to an attorney?
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Ok, here is the form: California 3-Day Notice to Quit (Incurable).
California Code of Civil Procedure §1161 outlines when a landlord can serve a notice to quit without giving the tenant a chance to cure. These include:
- Illegal Activity: Using the premises for unlawful purposes (e.g., drug activity, prostitution, or other criminal conduct).
- Substantial Damage / Waste: Willfully causing serious damage to the property (often called “committing waste”).
- Nuisance: Creating or maintaining a nuisance that substantially interferes with other tenants’ or neighbors’ peaceful enjoyment of their property.
- Subleasing in Violation: In some cases, unauthorized subletting that breaches the lease terms.
For incurable violations, the landlord serves a 3-Day Notice to Quit (not a “cure or quit” notice). The tenant must move out within three days or risk eviction through an unlawful detainer lawsuit.
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Hello, I need to serve my subtenant an incurable eviction notice. Every time I choose the incurable form, it turns into a comply or quit form. Can I speak to an attorney?
Lexi, Chatbot
Have you tried reaching out to your local housing authority for assistance?
Yes, I have.
Lexi, Chatbot
Are you looking for guidance on how to properly serve the subtenant with the correct incurable eviction notice form?
That, plus to ensure I’m serving him the right form.
Lexi, Chatbot
Is there anything else the lawyer should know?
My subtenant’s lease expired on 5/31. He hasn’t moved out and is not communicating. He didn’t allow the landlord to enter the unit despite the 24h notice. There were several violations: police arrest due to domestic disturbance, neighbor complaints, damage to the property, unauthorized user. His sublease started 12/9/24, less than 12 months ago.
Jessica B
I’m sorry you’re having issues with your subtenant. Was the lease in writing?
Yes, we had a sublease agreement in writing that ended on 5/31/25.
Jessica B
Did the lease state it would automatically renew month-to-month?
No, it does not. Plus, it’s under 12 months.
Jessica B
Ok. Did you give the tenant a notice of nonrenewal?
No, I didn’t. I just emailed him reminders to move out by 5/31 and coordinate the move-out time. He didn’t reply.
Jessica B
What state is the property in?
California. He also violated the sublease on several counts: police arrest, disturbances, damage. All documented.
Jessica B
Ok, here is the form: California 3-Day Notice to Quit (Incurable).
California Code of Civil Procedure §1161 outlines when a landlord can serve a notice to quit without giving the tenant a chance to cure. These include:
- Illegal Activity: Using the premises for unlawful purposes (e.g., drug activity, prostitution, or other criminal conduct).
- Substantial Damage / Waste: Willfully causing serious damage to the property (often called “committing waste”).
- Nuisance: Creating or maintaining a nuisance that substantially interferes with other tenants’ or neighbors’ peaceful enjoyment of their property.
- Subleasing in Violation: In some cases, unauthorized subletting that breaches the lease terms.
For incurable violations, the landlord serves a 3-Day Notice to Quit (not a “cure or quit” notice). The tenant must move out within three days or risk eviction through an unlawful detainer lawsuit.
Is there anything else I need to know? Do I need to send him a non-renewal notice or are the two emails I sent sufficient?
Jessica B
As long as the lease did not state it would automatically roll over, the emails are sufficient.
Thank you. Last question—do you also help with reviewing UD? Not now, but maybe in the future.
Jessica B
Yes.
And one more question: is this sublease clause sufficient?
"TERM AND POSSESSION… terminate on May 31, 2025… shall yield possession on the last day of the term… unless otherwise agreed in writing."
Jessica B
Yes, that is a hard termination date.
One last question: is it okay to use this breach language?
- Holdover after lease expiration without agreement or payment.
- Failure to coordinate move-out or return keys.
- Refusal to allow landlord access with proper 24-hour notice (Cal. Civil Code §1954).
- Multiple domestic disturbances leading to police reports and neighbor complaints.
- Damage to the property.
- Unauthorized overnight guest.
Jessica B
Yes, that is perfect.
Great, thank you.
Jessica B
Please let me know if I can assist in the future.
Jessica B
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