What must be instituted to an unlawful detainer action to proceed legally?

In the context of an unlawful detainer action, which is a legal process used by a landlord to evict a tenant, the proper legal procedure begins with instituting a notice to vacate. This notice serves as the formal communication to the tenant, informing them that they must leave the property due to reasons such as failure to pay rent, violation of lease terms, or other breaches of the rental agreement.

By providing a notice to vacate, the landlord is fulfilling a crucial legal requirement that typically must be met before any further legal action, such as filing an unlawful detainer suit in court, can be initiated. This notice outlines the grounds for eviction and provides the tenant with an opportunity to remedy the situation, if applicable, by either paying overdue rent or addressing other lease violations.

Once the tenant receives the notice and if they do not comply within the specified timeframe, the landlord can then move forward with the formal eviction process. This step is essential to ensure that the eviction is lawful and to give the tenant due process, thus making the notice to vacate a critical starting point in the unlawful detainer action.