Types of Eviction Notices
Eviction notices aren’t court forms—they help resolve rental issues before legal action is necessary. The type of notice you need depends on the reason for eviction. Here are the most common types:
3-Day Notice to Pay Rent or Quit
Gives a tenant 3 days (excluding weekends and court holidays) to pay overdue rent or move out. If they don’t, the landlord can start the eviction process.
3-Day Notice to Quit for Curable Non-Compliance
Gives a tenant 3 days (excluding weekends and court holidays) to fix a lease violation or leave. Some cities require landlords to send a cease and desist letter first.
3-Day Notice to Quit for Incurable Non-Compliance
Requires a tenant to vacate in 3 calendar days for severe violations like illegal activity or property damage. Some cases require a prior notice to cure.
14-Day Notice to Quit (Domestic Violence Victim)
Allows a tenant facing domestic violence, abuse, or stalking to break their lease early without penalty. Proof, such as a restraining order or police report, may be required.
30-Day Notice to Quit (Month-to-Month Tenancy Under 1 Year)
Ends a month-to-month tenancy if the tenant has rented for less than 1 year. Some cases require just cause and relocation assistance.
60-Day Notice to Quit (Month-to-Month Tenancy Over 1 Year)
Ends a month-to-month tenancy if the tenant has rented for 1 year or more. Some cases require just cause and relocation assistance.
Eviction Laws and Requirements
California has some of the strictest eviction laws in the U.S., designed to protect tenants from unfair displacement. The Tenant Protection Act (TPA) of 2019 further limits rent increases and strengthens eviction protections for many renters across the state.
Just Cause Eviction Requirements
Effective April 1, 2024, Cal. Civ. Code § 1946.2 [1] requires landlords to have “just cause” to terminate a tenancy once a tenant has continuously and lawfully occupied the rental unit for 12 months. There are two types of just cause evictions:
- At-Fault Just Cause: The tenant has violated the lease or rental laws.
- No-Fault Just Cause: The tenant is not at fault, but the landlord has a legal reason to end the lease.
For no-fault evictions, landlords must provide relocation assistance equal to one month’s rent or waive the final month’s rent. This must be paid within 15 days of serving the eviction notice.
Grace Period and Late Fees
California does not have a state-mandated grace period for rent payments, but many lease agreements include one. If a lease provides a grace period, tenants can pay within that time without penalty.
Late fees are allowed but must be clearly stated in the lease and reasonable. Typically, landlords charge 5-10% of the rent to cover the inconvenience of a late payment. However, excessive fees, such as 20% or more, may not hold up in court, as they could be seen as unfair.
Eviction Lawsuits and Court Process
If a tenant does not comply with an eviction notice, the landlord may file an Unlawful Detainer case in Superior Court [2] . Starting in 2025 under AB 2347, tenants now have 10 court days (excluding weekends and holidays) to respond, instead of the previous 5-day window. If served by mail, they receive an additional 5 days to reply, giving them more time to prepare their case.
Court procedures for demurrers and motions to strike have also changed. Hearings must now be scheduled within 5-7 court days of filing, with any opposition due by the court day before the hearing. These updates ensure tenants have more time while keeping the process efficient for landlords.
How to Evict a Tenant in California
Evictions in California must follow strict legal procedures outlined in Sections 1159–1179a of the California Code of Civil Procedure [3] . Here are the five key steps:
1. Serve the Correct Notice
The landlord must serve the tenant with a written notice based on the reason for termination. The notice period varies: 3 days for unpaid rent or lease violations, 14 days for domestic violence victims, and 30 or 60 days for ending a month-to-month tenancy.
2. Wait for the Tenant’s Response
Depending on the notice type, tenants have a legally set timeframe to pay, fix the violation, or move out. If they comply, the process ends. If they do not, the landlord can file an Unlawful Detainer lawsuit.
3. File an Unlawful Detainer Lawsuit
If the tenant does not leave or correct the issue, the landlord can file an Unlawful Detainer Complaint (UD-100) in Superior Court, along with a Summons (SUM-130) and Cover Sheet (CM-010). Filing fees vary by county.
4. Serve the Court Documents
The landlord must have the court documents properly served by a registered process server or sheriff. Starting in 2025, tenants have 10 court days (excluding weekends and holidays) to respond. If served by mail, they get an additional 5 days.
5. Obtain a Court Judgment & Enforce Eviction
If the tenant doesn’t respond, the landlord can request a default judgment by filing a Request for Entry of Default (CIV-100), Judgment for Unlawful Detainer (UD-110), and Writ of Possession (EJ-130). Once approved, the county sheriff will serve the final notice to vacate and complete the eviction. If the tenant contests the case, a hearing will be scheduled before a judge.
California Court Forms for Eviction
Filing an eviction case in Superior Court requires the right forms. Below are the most commonly used Unlawful Detainer forms in California:
- Complaint (Form UD-100): Explains the reason for eviction and must be filed at the courthouse where the rental is located.
- Cover Sheet (Form CM-010): Filed with the complaint to summarize the case details.
- Summons (Form SUM-130): Officially notifies the tenant of the lawsuit and must be served after filing.
- Proof of Service: Confirms that court documents were properly delivered to the tenant.
- Answer (Form UD-105): Allows the tenant to admit or deny the claims in the complaint.
- Request to Set Case for Trial – Unlawful Detainer (Form UD-150): Schedules a court hearing and outlines key case details.
- Request for Entry of Default (CIV-100): Used when a tenant does not respond, allowing the landlord to seek a default judgment.
- Judgment for Unlawful Detainer (UD-110): The court’s official ruling on the eviction case.
- Writ of Possession (EJ-130): If the landlord wins, this form allows the county sheriff to enforce the eviction.
