California Eviction Notice

Landlords use a California eviction notice as a legal document to inform tenants of their intent to terminate rental agreements due to violations of the lease or other specified reasons. Furthermore, the notice provides tenants with a specified period to either rectify the situation or vacate the premises.

Types of Eviction Notices

The type of eviction notice required depends on the reason for the eviction. Here are the most common types:

3-Day Notice to Pay Rent or Quit

Landlords issue this notice when tenants have failed to pay rent. Additionally, it gives tenants three days (excluding weekends and court holidays) to pay the overdue rent or vacate the property.

3-Day Notice to Quit for Curable Non-Compliance

Landlords use this notice for lease violations that tenants can correct. Furthermore, it allows tenants three days to fix the violation or leave the property.

3-Day Notice to Quit for Incurable Non-Compliance

Landlords use this notice for severe lease violations, such as illegal activity or significant property damage. Therefore, it requires tenants to vacate within three days, although prior notice to cure may be necessary in some cases.

14-Day Notice to Quit (Domestic Violence Victim)

This notice allows tenants facing domestic violence, abuse, or stalking to break their lease early without penalty. Additionally, tenants may need to provide proof, such as a restraining order or police report.

30-Day Notice to Quit (Month-to-Month Tenancy Under 1 Year)

Landlords use this notice to terminate month-to-month tenancies if tenants have rented for less than one year. Furthermore, it requires 30 days’ notice.

60-Day Notice to Quit (Month-to-Month Tenancy Over 1 Year)

Landlords use this notice for terminating month-to-month tenancies if tenants have rented for one year or more. Additionally, it requires 60 days’ notice.

Eviction Laws and Requirements

California has strict laws governing evictions to protect tenants from unfair displacement. Key points include:

Just Cause Eviction Requirements

Effective April 1, 2024, landlords must have “just cause” to terminate tenancies after tenants have occupied rental units for 12 months. Additionally, landlords can categorize just cause as either at-fault (tenant violations) or no-fault (landlord reasons).

For no-fault evictions, landlords must provide relocation assistance equal to one month’s rent or waive the final month’s rent.

Grace Period and Late Fees

While California does not mandate a grace period for rent payments, many lease agreements include one. Furthermore, late fees must be reasonable and clearly stated in the lease.

Eviction Lawsuits and Court Process

If tenants do not comply with eviction notices, landlords may file Unlawful Detainer cases in Superior Court. Additionally, starting in 2025, tenants will have 10 court days to respond, with an additional 5 days if served by mail.

How to Evict a Tenant in California

The eviction process involves several key steps:

Step 1: Serve the Correct Notice

Landlords must deliver the appropriate eviction notice based on the reason for termination.

Step 2: Wait for the Tenant’s Response

Tenants have a legally set timeframe to comply with the notice. Additionally, if they do not comply, landlords can file an Unlawful Detainer lawsuit.

Step 3: File an Unlawful Detainer Lawsuit

If tenants do not leave or correct the issue, landlords can file a complaint in Superior Court. Furthermore, this includes necessary forms and a filing fee.

Step 4: Serve the Court Documents

Landlords must have registered process servers or sheriffs serve the court documents to tenants.

Step 5: Obtain a Court Judgment & Enforce Eviction

If tenants do not respond, landlords can request a default judgment. Additionally, if courts grant the judgment, sheriffs will serve the final notice to vacate.

California Court Forms for Eviction

Required Forms

Key forms required for filing eviction cases include:

Complaint (Form UD-100): Explains the reason for eviction
Cover Sheet (Form CM-010): Summarizes the case details
Summons (Form SUM-130): Officially notifies tenants of the lawsuit
Proof of Service: Confirms that court documents were delivered to tenants

How to Write an Eviction Notice in California

Required Information

When preparing eviction notices, include the following:

Rental Addresses: Both the rental property and landlord’s address
Tenant Names: All tenants listed on the lease
Lease Status: Whether the lease is active or expired
Reason for Notice: Clearly state the violation or reason for eviction
Notice Period: Specify how much time tenants have to comply
Proof of Service: Document the delivery of the notice

Legal Compliance

Landlords must never forcibly evict tenants without following legal procedures. Furthermore, if tenants do not vacate after the notice period, landlords can proceed with formal eviction cases in court.

Statutes

Civ. Code §§ 1950.5(f) – [Operative 7/1/2024] Security for rental agreement
Civ. Code §§ 1950.5 – Security Deposit Maximum, Non-Refundable Fees, Deadline for Returning Security Deposit
Civ. Code §§ 1947 – Rent is Due
Civ. Code §§ 1947.3(1-2) – Payment Methods
Civ. Code §§ 827(b)(2-3) – Rent Increase Notice
Civ. Code §§ 1950.6(b) – Application Fees
Civ. Code §§ 1942(a) – Tenant Allowed to Repair and Deduct Rent
Civ. Code §§ 1951.2 – Recovery by lessor upon breach of lease and abandonment of property by lessee
Civ. Code §§ 1946 – Renewal of hiring for term not specified by parties
Civ. Code §§ 1946.1 – Notice of intention terminate hiring for term not specified by parties
Civ. Code §§ 1954a – Entry of dwelling by landlord
Civ. Code §§ 1954b – Entry of dwelling by landlord
Civ. Code §§ 789.3a – Acts by landlord with intent to terminate occupancy
Civ. Code §§ 789.3b(1) – Acts by landlord with intent to terminate occupancy
Civ. Code §§ 789.3d – Acts by landlord with intent to terminate occupancy
Civ. Code §§ 1954.602 – Duty of landlord
Civ. Code §§ 1962(4) – Obligations of owner or party signing rental agreement or lease on behalf of owner
Civ. Code §§ 1940.9 – Disclosure that tenant’s gas and electric meter serves area outside tenant’s dwelling unit
Civ. Code §§ 1950.6(b) – Application Fees
Civ. Code §§ 1940.7 – Notice of actual knowledge of former federal or state ordnance locations in neighborhood area
Civ. Code §§ 2079.10a – Notice as to database of person required to register as to sex offenders
Civ. Code §§ 1940.8 – Copy of notice provided by registered structural pest control company
Civ. Code §§ 1947.5 – Prohibition of smoking of cigarettes or other tobacco products
Civ. Code §§ 1941.5 – Changing locks of protected tenant’s dwelling unit upon request of protected tenant
Civ. Code §§ 1941.6 – Changing locks of protected tenant’s dwelling unit upon request of protected tenant
Civ. Code §§ 1946.7(d) – Notice by victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse, and certain other crimes of intent to terminate
Civ. Code §§ 1942.5 – Retaliation by lessor against lessee for exercising rights under chapter
Civ. Code §§ 1965 – Generally
Civ. Procedure Code §§ 1161.3 – Acts against tenant or tenant’s household member constituting domestic violence
Civ. Procedure Code §§ 1161.3 – Acts against tenant or tenant’s household member constituting domestic violence
Civ. Procedure Code §§ 1161(2) – [Operative 2/1/2025] When tenant for term less than life guilty of unlawful detainer
Civ. Procedure Code §§ 1161(3) – [Operative 2/1/2025] When tenant for term less than life guilty of unlawful detainer
Cal. Civ. Code § 1719 – Obligations Imposed by Law
Cal. Civ. Code § 1940.8.5(b)(1)(A)(B)(C) – Notice to Tenants for Pesticide Use
Cal. Civ. Code § 1940.8.5(d)(2)(b)(iii) – Electronic Notices Allowed
Cal. Civ. Code § 1941.1 – Landlord’s Duties
Cal. Civ. Code § 1941.2 – Tenant’s Duties
Cal. Civ. Code § 1927 – Quiet Enjoyment
Cal. Civ. Code § 1995.230 – Subleasing
Health & Safety Code §§ 26147 – Disclosure by residential landlords
Business and Professional Code §§ 8538 – Written notice to owner and tenant of premises

FAQs

A California eviction notice is a legal document sent by a landlord to a tenant when they have violated the lease terms or when the landlord decides to terminate the rental agreement. It is typically used for reasons such as non-payment of rent, lease violations, or illegal activities on the property.

California offers several types of eviction notices, including the 3-Day Notice to Pay Rent or Quit, 3-Day Notice to Perform Covenants or Vacate, 30-Day Notice to Vacate for tenancies under one year, and 60-Day Notice to Vacate for tenancies of one year or more. Each notice has specific requirements and timelines based on the reason for eviction.

The response time for a tenant in California varies by the type of eviction notice. For example, tenants have 3 days to respond to a 3-Day Notice to Pay Rent or Quit, while they have 30 or 60 days to respond to a 30-Day or 60-Day Notice to Vacate, respectively. If served with court documents, tenants typically have 5 days to respond if served in person or 15 days if served by mail.

After serving an eviction notice, a landlord must wait for the notice period to expire. If the tenant does not comply, the landlord can file an Unlawful Detainer lawsuit in the appropriate court, serve the tenant with court documents, and await the tenant’s response before seeking a judgment for eviction.

A curable lease violation allows the tenant a chance to correct the issue, such as paying overdue rent or fixing a lease violation, typically within 3 days. An incurable violation, on the other hand, involves severe issues like illegal activities, where the tenant must vacate the property without an opportunity to remedy the situation.

In California, an eviction notice can be served through hand delivery to the tenant, delivery to a suitable person at the tenant’s residence or workplace followed by mail, or by posting the notice on the property and mailing it. Proper documentation of service must be maintained to ensure the notice is legally recognized.

If a tenant does not respond to an eviction notice within the specified timeframe, the landlord can proceed to file an Unlawful Detainer lawsuit. If the tenant fails to respond to the court documents, the landlord can request a default judgment, allowing them to continue with the eviction process.

Yes, California has implemented specific eviction protections related to COVID-19. For instance, tenants affected by COVID-19 financial hardship may be entitled to a 30-Day Notice to Quit for past due rent, and they can respond with a notice of inability to pay rent, extending their protections during the pandemic.