Types of Notices

Tthe most common types of notices that are served prior to starting an eviction are as follows:

  • 3-Day Notice to Quit (for purchase at Trustee’s Sale after foreclosure),
  • 3-Day Notice for Non Payment of Rent,
  • 3-Day Notice for Breach of Contract,
  • 30-Day Notice to Terminate Tenancy for tenants who have occupied a property for less than 12 months,
  • 60-Day Notice to Terminate Tenancy for tenants who have occupied a property for more than 12 months

Properties that are covered by the rent control ordinance and government assistance programs follow different rules. Find out if your property is in a rent control area by searching The City of San Jose’s Online Database.In addition to the two types of 3-Day Notices listed above, the following termination notices are appropriate in the City of San Jose:

Rent Control

  • 60-Day Notice to Terminate Tenancy with the Right to Arbitrate for rent control
  • 90-Day Notice to Terminate Tenancy (only appropriate when the vacancy rate is greater than 3.4%)
  • 120-Day Notice to Terminate Tenancy (only appropriate when the vacancy rate is less than 3.4%)

Government Housing Programs

90-Day Notice to Terminate Tenancy, NO MATTER WHAT! Most specialists at the County’s Housing Authority will inform you that a 30-Day Notice is sufficient if it is “for cause”, but that is incorrect. A specific civil code section requires landlords to issue a 90-Day Notice to Terminate Tenancy to ANY tenants who are supported by government assistance programs. Please note that all housing contracts are initially fixed-term one-year leases, then they become month-to-month contracts after the first year ends. You cannot terminate a housing contract with a 90-Day Notice until the initial one-year lease expires.

Keep in mind there are times when it is NEVER okay to evict a tenant…

–> Continue to Step 1: Notice Served