Originally Posted by JudyKayTee
Sure - you give him a 30 day notice. If he doesn't leave then you serve him with the Summons and Complaint. Hopefully by then he will be gone and you don't have to go any farther than that.
(I am going to try cut and paste the form but don't know if it will work. It has to be LEGALLY SERVED on him and either your local Sheriff or your process server will clean up the wording for the Affidavit of Service and further advise you; in the meantime this will get you started)
30-DAY NOTICE TO TERMINATE TENANCY
Plaintiff(s) YOUR NAME
VS.
Tenant(s)
Defendant(s) HIS NAME
TO the above named TENANTS/RESIDENTS AND ALL OTHERS IN POSSESSION.
PLEASE TAKE NOTICE that your month-to-month tenancy of the hereinafter described premises is hereby terminated as of the date thirty (30) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to the undersigned on or before the date thirty (30) days after service of this NOTICE upon you.
The Premises of which you are required to surrender possession are: YOUR ADDRESS, APARTMENT NUMBER, TOWN, STATE, ZIP CODE (County of X)
THIS IS INTENDED AS A THIRTY (30) DAY LEGAL NOTICE FOR THE PURPOSE OFTERMININATING YOUR TENANCY. THIS TERMINATION OF TENANCY IS INACCORDANCE WITH CALIFORNIA CIVIL CODE SECTION 789 AND/OR CALIFORNIACIVIL CODE SECTION 1946.
Dated:
Landlord/Agent
PROOF OF SERVICE
I, the undersigned, being at least 18 years of age, declare under penalty of perjury that I served the above notice, of which this is a true copy, on the following tenant(s) in possession in the manner(s) indicated below:
On, after attempting service in both personally manners indicated previously, I posted the notice in a conspicuous place at the residence of the
On , after attempting personal service, tenant(s), AND I deposited a true copy in the U.S.
handed the notice to a person of suitable age and On , I handed the notice to the tenant(s)
Mail, in a sealed envelope with postage fully discretion at the residence/business of the tenant(s),
prepaid, addressed to the tenant(s) at his/her/their AND I deposited a true copy in the U.S. Mail, in a place of residence (date mailed, if different sealed envelope with postage fully prepaid, addressed to the tenant(s) at his/her/their place of residence (date mailed, if different
Executed on
Served by