Before you can file an unlawful detainer against a tenant, you must legally terminate the tenancy. Tenancy can be terminate in many different way, depending on the situation. Some examples are:

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3-Day Notice:

• For non-payment of rent

• To correct a violation of the lease or rental agreement

• For illegal activity on the premises

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30-Day Notice:

• To Terminate a month to month tenancy

 

The tenant must be properly served with the appropriate notice, ​and the period expired, before a landlord can proceed with the filing of a lawsuit for unlawful detainer/eviction. A 3-day notice may be served by personal services on the tenant, by substituted services and mailing, or by posting and mailing. You may not serve the 3-day notice by certified mail, which may only be used for a 30-day notice terminating month to month tenancies.

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