3-day Eviction Notice
3-day notices claim that you have broken the terms of your lease. There are two main versions:
Notice to Pay Rent or Quit:
This is a notice where the landlords claim that tenants have not paid rent.
Notice to Perform covenant or Quit:
- If you have broken the lease, such as by having a pet or subletting when your lease says you can’t, your landlord can serve a 3-day “Notice to Perform Covenant or Quit.”
- If you receive a notice to “Perform Covenant or Quit, and the allegations are true, you can try and fix the issues within the given days. Gather any evidence you have to show you’ve fixed the issue. If the claims on the notice are false, you can write back to your landlord and disrupt those claims with as much details as possible.
If you receive a 3-day notice, it is very important to respond to your landlord in writing within the 3 days, saying how you will fix the problem, or informing your landlord that the notice is not valid.
Some ways to tell if the notice is not valid is if the notice is:
- A verbal notice ( no need to respond to a notice that’s verbal unless it becomes harassment)
- A text, phone call or email
- Does not have a Just Cause reason if you are covered
- If you aren’t covered under Just Cause, a statement letting you know why you aren’t covered under the ordinance.
- The correct amount of days depending on terms of lease Correct amount of days depending on notice
- A statement referring you to the Rent Adjustment Program in Oakland (they have resources to help you understand your rights)
- Correct amount of money owed for pay or quit notices
- Not filled at the Rent Adjustment Program
If it’s an invalid notice, at minimum, you can respond and let the landlord know they have to write another notice that’s valid and that starts the time again.