California Civil Code Of Procedure 1161
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FAQ
Article 1161 pertains to the California civil code of procedure that governs unlawful detainers. This article provides comprehensive guidelines about the eviction process and outlines the responsibilities of both landlords and tenants. Understanding Article 1161 can help tenants protect their rights and assist landlords in following proper legal procedures. It is essential to familiarize yourself with these regulations to navigate the eviction process effectively.
3 Day Notice to Pay Rent or Quit: Legal notice to pay rent within 3 days or you will start eviction process. Notice needs to include: tenant's name, property address, amount of rent, how tenant can pay the money to you, the days and times payment may be made, and who the tenant can pay.
The law allows a landlord to evict a tenant who creates a nuisance. Under California law, a nuisance is defined as anything that interferes with the comfort and enjoyment of the landlord or other tenants on the property.
Code of Civil Procedure 1161(2) is the California state law that allows a landlord to terminate a tenancy due to non-payment of rent.
Section 1161 - Victims of human trafficking (a) Evidence that a victim of human trafficking, as defined in Section 236.1 of the Penal Code, has engaged in any commercial sexual act as a result of being a victim of human trafficking is inadmissible to prove the victim's criminal liability for the commercial sexual act.
If the tenant has lived in the rental unit for over one year and is month-to-month, then the landlord must give the tenant a written 60-day notice to end the tenancy. (Cal. Civ. Code § 1946.1 (2023).)