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[CA] [CA] What form can I use to serve my subtenant an incurable eviction notice?

My subtenant's lease expired on 5/31. He hasn’t moved out and is not communicating. He did not allow the landlord to enter the unit despite the 24h notice. There were several violations to the agreements: police arrest due to domestic disturbance, neighbors’ complaints, damage to the property, unauthorized user. This is in California. His sublease started on 12/9/24, less than 12 months ago.

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Jessica B
Jessica B

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California Notice to Quit Form

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Hello, I need to serve my subtenant an incurable eviction notice. Every time I choose the incurable form, it's turning it into a comply-or-quit form. Can I speak to an attorney?

Lexi

Lexi, Chatbot

I understand the frustration you're facing with the eviction notice forms. Have you tried reaching out to your local housing authority for assistance?

Yes I have.

Lexi

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

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction notice issue.

My subtenant's lease expired on 5/31. He hasn’t moved out and is not communicating. He did not allow the landlord to enter the unit despite the 24h notice. There were several violations to the agreements: police arrest due to domestic disturbance, neighbors’ complaints, damage to the property, unauthorized user. This is in California. His sublease started on 12/9/24, less than 12 months ago.

Jessica B

Jessica B

Thank you for choosing AskALawyer! My name is Jessica and I am a licensed attorney that will be assisting you with your question.

I am so sorry you are having issues with your subtenant. Was the lease in writing?

Yes, it was. We had a sublease agreement in writing, that ended on 5/31/25.

Jessica B

Jessica B

Did the lease state it would automatically renew on a month-to-month basis?

No, it does not. Plus, it's under 12 months.

Jessica B

Jessica B

Ok and did you give the tenant a notice of nonrenewal?

No, I did not. I sent him an email reminding him to move out by 5/31 and coordinate the move-out time.

He also violated the sublease agreement on several counts: police arrest, neighborly disturbance, damage to the property, all documented.

Jessica B

Jessica B

You can use this form: California 3-Day Notice to Quit (Incurable).

Do I need to send him a non-renewal notice or are the 2 emails I've sent him to move out by May 31st sufficient?

Jessica B

Jessica B

As long as the lease did not state it would automatically rollover then the emails are sufficient.

Jessica B

Jessica B

29,480 satisfied customers

Jessica B
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