Legal Eviction Procedures
Sample 3-day notice
This page has a sample 3-Day Notice. I've provided it to help lessen the shock if and when you should receive one. I know my client's find it very distressing when they are served with this document. The three-day notice is the first step of the eviction process, at least in California.
NOTICE TO VACATE PROPERTY
NOTICE IS HEREBY GIVEN THAT Peter Purchaser purchased the property located at 1234 Anywhere Street, Salinas, CA (“the Premises”) at a foreclosure/trustee sale held in accordance with California Civil Code Section 2924 on August 15, 2012, pursuant to the power of sale contained in a Deed of Trust recorded on September 8, 2007 as Instrument Number 12345 of Official Records of Sample County.
NOTICE IS FURTHER GIVEN THAT within three (3) days after service of this Notice on you, you are required to vacate and surrender possession of the Premises to the undersigned, who can be reached at (555)555-5555 on all business days, unless you provide evidence you are a bona fide tenant pursuant to Section 702(a)(2)(A) of the Federal “Protecting Tenants at Foreclosure Act of 2009 (“PTFA”) or are protected by Section 703 of the PTFA.
IF YOU ARE A TENANT of the prior owner, you must, within 72 hours, provide the following documents to the undersigned by mail, fax, or in person:
a. A return phone number with the best time to reach you; b. A copy of your rental agreement with the prior owner; c. The receipt for the last six (6) payments made to the landlord for the residence. Cancelled check or money orders can be provided instead of receipts. c. Copies of the last six (6) month’s utility bills.
IF, WITHIN THE APPLICABLE PERIOD SET FORTH ABOVE, either you fail to surrender possession or fail to provide evidence that you are a bona fide tenant pursuant to Section 702(a)(2)(A) of the “PTFA” or are protected by Section 703 of the “PTFA”, the undersigned will commence eviction proceedings against you to recover possession of the Premises and for damages caused by your unlawful detainer of the Premises. This Notice is given pursuant to the provision of “PTFA” and California Code of Civil Procedure Sections 1161a, 1161b, and 1161c.
Date: August 16, 2012 /s/ Peter Purchaser
Proof of Service must be attached. You can find a sample Proof of Service here.
A 30-day notice is typically not used for a foreclosure eviction.