What Is a California Eviction Notice?
A California eviction notice is a legal notice from a landlord to a tenant, communicating that the tenant must correct a violation or move out. This notice is required before a California landlord can legally begin the eviction process.
The notice you need to send depends on the reason for eviction, whether it is late rent payments, a lease breach, or illegal activity. Your eviction notice must include the reason and, if California law allows, ways to correct it. You should also provide the tenant’s information, compliance deadline, and the service method used.
Serving notice acts as the first step in the unlawful detainer process. If the tenant complies with the original notice, you may be able to avoid a lawsuit. If they ignore the notice or contest it, it still shows you took the necessary steps. Sending the notice allows for proper legal channels rather than resorting to illegal methods, such as changing the locks, prohibited by CA Civ Code § 789.3.
When sending notice, you must comply with state laws, including recent updates under the Tenant Protection Act and AB 2347.
Types of Eviction Notices in California
California law requires landlords to use different types of eviction notices based on the lease situation and violation. The notice period and legal obligations vary depending on whether the issue is curable, at-fault, or no-fault.
3-Day Notice to Pay Rent or Quit in California
If a tenant hasn’t paid rent, you may serve a 3-day notice to pay rent or quit in California. This gives the tenant three court days (excluding weekends and holidays) to pay the overdue amount or vacate (CA Civ Pro Code § 1161(2)).
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.
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 Cure or Quit in California
When a tenant commits a non-serious lease violation that’s correctable, you can issue a 3-day notice to cure or quit in California. This notice, also called a 3-day notice to perform covenants or quit, allows the tenant a short window to fix the violation or move out, as permitted under CA Civ Pro Code § 1161(3). Examples of curable breaches that may require this notice include creating a noise disturbance or bringing in unauthorized occupants.
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.
Use a Cease and Desist Letter as a First Step
According to the Judicial Branch of California, some cities may require you to use a cease and desist letter before sending an eviction notice.
3-Day Notice to Quit (Serious Violation) in California
For severe lease violations, you may serve a 3-day notice to quit for a non-curable breach in California. This notice doesn’t allow the tenant to correct the problem and requires them to vacate within three calendar days, as per CA Civ Pro Code § 1161(4). Serious violations under California law include the following:
- Assigning the lease to someone else in violation of the lease terms
- Subletting the property in violation of the lease terms
- Damaging or neglecting the property
- Maintaining or committing a nuisance on the property
- Allowing others to maintain or commit a nuisance on the property
- Using the property for an unlawful purpose
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 (for Domestic Violence Situations in California)
Tenants who are victims of abuse or stalking may use a 14-calendar day notice to quit for domestic violence in California to end their lease early without penalty. Landlords must accept this notice when accompanied by documentation, such as a restraining order or police report, per CA Civ Code § 1946.7.
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 Terminate Tenancy (Under 1 Year) in California
To end a month-to-month tenancy that’s lasted less than a year, you may issue a 30-day notice to vacate for California (CA Civ Code § 1946.1(c)). Terminating a lease that’s less than a year old usually does not require just cause, so you can send a 30-day notice to vacate in California without providing a reason.
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.
60-Day Notice to Terminate Tenancy (Over 1 Year) in California
If the tenant has lived on the property for at least 12 months on a month-to-month lease, you must provide a 60-day notice to terminate tenancy (CA Civ Code § 1946.1(b)).
Once a tenant has lived on the premises for at least a year, just cause must be shown for terminating the lease (CA Civ Code § 1946.2). 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. Legal reasons may include the landlord’s family wanting to move in, major remodeling requiring the tenant to move out, or the landlord wanting to withdraw the property from the rental market.
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.
CA Civ Code § 1946.2(e) provides some exceptions where neither an at-fault nor a no-fault just cause has to be shown:
- You live in the rental home with your tenant. It must be a single-family home with no more than two in-law, condo, or apartment units. Restrictions may apply if you are a primary tenant, meaning you rent from the home’s owner and then sublease to others.
- You live in half of a duplex full-time and rent out the other half.
- The home is new construction, built in the last 15 years.
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.
How to Evict a Tenant in California
Evictions in California must follow strict legal procedures outlined in CA Civ Pro Code § 1159–1179a. Here are the six key steps so you can understand how the eviction process works in California.
Step 1 – Choose the Correct Notice
When preparing to send your California eviction letter, be sure to choose the right type of eviction notice so you issue adequate warning under state law. Ensure you have legal grounds to send the notice that you decide to send:
- 3-day notice to pay rent or quit for California
- 3-day notice to cure or quit for California
- 3-day notice to quit for a non-curable breach in California
- 30-day notice to vacate in California
- 60-day notice to vacate in California
Tenant-Only Notice
The 14-day notice to quit for domestic violence situations in California is only for tenants to issue. CA Civ Code § 1946.7 provides legal protection if the landlord refuses the termination.
Step 2 – Serve the Notice
There are several different ways you can serve an eviction notice in California:
- Personal Service: You hand the notice directly to the tenant.
- Substituted Service: If the tenant is not present upon delivery, you can leave a copy with an adult who is present. You must also mail a copy to the tenant.
- Post and Mail: If no one is at the property, you can post the notice on the front door and mail a copy to the tenant.
Step 3 – Wait for the Deadline to Pass
The notice period for your California eviction notice begins the day after service. Give your tenant the appropriate amount of time to act.
If the notice is curable, establish the timeline by counting only business days. This means you will exclude court holidays and weekends. If the notice is not curable, establish the timeline by counting every calendar day.
For example, say you issue a 3-day notice to pay or quit on a Friday. Since weekends don’t count, Day 1 is Monday, Day 2 is Tuesday, and Day 3 is Wednesday. You can proceed to step 4 on Thursday if the tenant doesn’t pay their rent.
Step 4 – File an Unlawful Detainer Lawsuit
Once the deadline passes, file a lawsuit called an unlawful detainer in the California Superior Court where your rental property is located. To start the process, you will need to fill out four forms and file them with the appropriate courthouse:
- Complaint – Unlawful Detainer (Form UD-100): Explains the reason for eviction.
- Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer (Form UD-101): Provides additional information about the case, including whether the property is covered by tenant protection laws and whether you have complied with required notices and just-cause eviction rules.
- Summons – Unlawful Detainer-Eviction (Form SUM-130): Officially notifies the tenant of the lawsuit and must be served after filing.
- Civil Case Cover Sheet (Form CM-010): Helps categorize the case in the court system.
When filling out the forms, be sure to be thorough. List all tenants and occupants to prevent delays with the filing process. Expect to pay a filing fee, which is usually between $240 and $450. You can request a fee waiver if needed.
Some courts may require you to complete additional forms, so confirm that you’ve filled out all the essential documents before filing.
As the landlord, you must arrange service of the summons and complaint, but an adult who’s at least 18 years old and not a party to the case must deliver them.
Once you file a proof of service of summons, you can show that the summons was delivered to the tenant properly.
Step 5 – Wait for the Tenant’s Response
Once a tenant is served a summons, they have 10 days to respond, per AB 2347. This is an increase from the previously recognized five-day window.
The tenant will get an additional five days to respond (a total of 15 days) if the notice is served in person or mailed through the Secretary of State’s address confidentiality program.
Step 6 – Request a Trial Date
The tenant submits their response to the unlawful detainer lawsuit with the Answer – Unlawful Detainer (Form UD-105). They can deny the whole complaint or specific parts of it.
Once they respond, you can move the eviction case forward by requesting a trial date with the Request to Set Case for Trial – Unlawful Detainer (Form UD-150).
What If the Tenant Doesn't Respond?
If the tenant doesn’t answer within the 10-day deadline, you can seek a default judgment by filling out and filing a Request for Entry of Default (Form CIV-100).
Step 7 – Obtain a Court Judgment
Once the case goes to trial, the judge will issue an official judgment, Judgment for Unlawful Detainer (Form UD-110). If the judge finds that there was no lease violation or you failed to provide just cause when it was needed, they rule in the tenant’s favor. In this case, the tenant can remain on the property. If you want to appeal the outcome of the case, you usually have 60 days to file an appeal.
If the judge rules in your favor, Form UD-110 will state that the tenant must vacate the property. You can request a Writ of Execution (Form EJ-130) from the court. If granted, it allows a sheriff to physically remove the tenant from the property if they don’t leave on their own.
Sample Eviction Notice for California
Below, you can view our eviction notice template for California to get an idea of what to include in your notice to your tenant. Fill it out with the details unique to your tenant and property by using Legal Templates’s guided questionnaire. Then, download the final form in PDF or Word format.
