When responding to the notice to quit, there are several options available to the tenant:
A tenant's Notice to Quit in a Periodic Tenancy will end the tenancy. Once a notice to quit has been served this cannot be cancelled except by agreement with the landlord. If the landlord insists, the tenant must then leave on or after the notice expiry date.
Challenging a notice to vacate
You can also challenge a 120-day no-reason Notice to Vacate or an end of fixed-term notice to vacate if you believe that it has been given to you in retaliation for exercising your rights under the Residential Tenancies Act 1997 (eg asking for repairs).
They must give you written notice that they want the property back ('notice to quit'). They must give you: 2 months if they gave you notice before 26 March 2020. 3 months if they gave you notice between 26 March 2020 and 28 August 2020.
You cannot rip the notice up or withdraw it, even if you change your mind. Because California law considers such a notice given to the landlord by the tenant legally binding, your landlord will expect you to vacate the premises on the agreed-upon date and may start eviction proceedings if you do not move.
In California, you may also evict a tenant if: The tenant stays after the lease is up and refuses to leave voluntarily after being given the proper notice to move, or. The landlord terminates the rental agreement for a valid reason and the tenant refuses to leave on his or her own after being given the proper notice.
Approach The Court Of Law
You will have to send a legal notice to your tenant asking him/her to pay the arrears of rent or else to vacate within a month. The tenant has to pay rent in the court once it is assessed by the court and in case he/she fails, it invites immediate eviction.
If you receive a Notice to Vacate from your landlord telling you to leave your home, it does not mean you are evicted. You cannot be evicted without an order of the court! ... Going to court will be costly for your landlord and you should try to settle the matter without legal proceedings.
The process eviction literally can take anywhere between 14 days to 6-8 months, typically. I know, not the most useful answer! But the reality of how long an eviction will take is dependent on the circumstances; mostly what it boils down to is how wilful your tenant is.
A Notice to Vacate is a notice written by the landlord or property manager giving a notice to leave the premises within a specified time frame. This type of notice is typically given during the end of a lease period, or due to an infringement of the lease agreement.
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