California Eviction Notice

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

This notice is issued when a tenant has failed to pay rent. It gives the tenant 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

This notice is used for lease violations that can be corrected. It allows the tenant three days to fix the violation or leave the property.

3-Day Notice to Quit for Incurable Non-Compliance

This notice is for severe lease violations, such as illegal activity or significant property damage. It requires the tenant 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 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)

This notice is used to terminate a month-to-month tenancy if the tenant has rented for less than one year. It requires 30 days’ notice.

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

This notice is for terminating a month-to-month tenancy if the tenant has rented for one year or more. 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 a tenancy after a tenant has occupied the rental unit for 12 months. Just cause can be categorized 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. Late fees must be reasonable and clearly stated in the lease.

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. 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:

1. Serve the Correct Notice: The landlord must deliver the appropriate eviction notice based on the reason for termination.

2. Wait for the Tenant’s Response: Tenants have a legally set timeframe to comply with the notice. If they do not comply, 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 a complaint in Superior Court, along with necessary forms and a filing fee.

4. Serve the Court Documents: The landlord must have the court documents served to the tenant by a registered process server or sheriff.

5. Obtain a Court Judgment & Enforce Eviction: If the tenant does not respond, the landlord can request a default judgment, and if granted, the sheriff will serve the final notice to vacate.

California Court Forms for Eviction

Key forms required for filing an eviction case 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 the tenant of the lawsuit.
• Proof of Service: Confirms that court documents were delivered to the tenant.

How to Write an Eviction Notice in California

When preparing an eviction notice, include the following:

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

Landlords must never forcibly evict tenants without following legal procedures. If the tenant does not vacate after the notice period, the landlord can proceed with a formal eviction case 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
• Health & Safety Code §§ 26147 – Disclosure by residential landlords
• Business and Professional Code §§ 8538 – Written notice to owner and tenant of premises