California Eviction Notice
California eviction notice: the 3-day pay-or-quit and cure-or-quit rules under CCP Section 1161. Free template, statute cites. Attorney review available.
Introduction
An eviction notice is a written notice a landlord serves on a tenant to begin ending a tenancy for cause, before filing an unlawful detainer lawsuit in court. In California, the notice you serve depends entirely on why you're evicting: nonpayment of rent gets a 3-day pay-or-quit notice, a fixable lease violation gets a 3-day cure-or-quit notice, and certain serious violations get a 3-day unconditional quit notice with no chance to fix the problem. All three day-counts exclude Saturdays, Sundays, and judicial holidays, so a Friday notice effectively runs into the following week. California's unlawful detainer statute, Code of Civil Procedure Sections 1159 through 1179a, governs the entire pre-filing notice process and sets out exactly what each notice must say and how it must be served. There's no mandatory government form for the notice itself, but the law requires specific content: a pay-or-quit notice must state the exact amount owed and how to pay it, and for tenants who've lived in the unit 12 months or more, the notice must state a "just cause" or it's legally void. Serve the wrong notice, the wrong day count, or skip required content, and the eviction case can be dismissed before it starts.
Key Things to Know
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An eviction notice is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing an unlawful detainer lawsuit in court.
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Nonpayment of rent gets a 3-day pay-or-quit notice (excluding Saturdays, Sundays, and judicial holidays). The notice must state the exact amount due and how the tenant can pay it. (Cal. Code Civ. Proc. Section 1161(2))
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A curable lease violation, like an unauthorized pet or occupant, gets a 3-day cure-or-quit notice. The tenant can fix the violation within those 3 days and keep the lease. (Cal. Code Civ. Proc. Section 1161(3))
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Certain violations have no cure option: subletting or assigning against the lease, waste, nuisance, or unlawful use of the property. These get a 3-day unconditional quit notice with no chance to fix the problem. (Cal. Code Civ. Proc. Section 1161(4))
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The governing law is California's unlawful detainer statute, Cal. Code Civ. Proc. Sections 1159 to 1179a, which sets the notice rules and the court process that follows if the tenant doesn't comply.
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Notices must be served personally first. If the tenant can't be found at home or work, the landlord may use substituted service (leaving the notice with a responsible adult, plus mailing a copy). Posting the notice on the door and mailing a copy is a last resort, allowed only if neither personal nor substituted service works. (Cal. Code Civ. Proc. Section 1162)
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There's no state-mandated form for the notice itself, but the law requires specific content. For tenants who've occupied the unit 12 months or more, the notice must state a "just cause" for termination or the notice is legally void. (Civil Code Section 1946.2)
Key decisions before you file
Before you file a Eviction Notice in California, a few decisions shape the document: which option to choose and what each one means. The Eviction Notice guide walks through them.
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California Requirements for Eviction Notice
There is no Judicial Council or other government-mandated form for the pre-filing notice to quit itself. Specific content is legally required by statute for certain notices: the pay-or-quit notice must state the amount due and payment details, and for tenants who have occupied the unit 12 months or more, the notice must state a just cause under Civil Code Section 1946.2 or the notice is void.
3-day pay-or-quit notice, excluding Saturdays, Sundays, and judicial holidays. The notice must state the exact amount due, the name, telephone number, and address of the person to whom rent is paid (or account/EFT details), and the days and hours available for in-person payment.
3-day notice with no cure option, for assigning or subletting contrary to the lease, committing waste, maintaining or permitting a nuisance, or using the premises for an unlawful purpose. The lease is deemed terminated upon service; no opportunity to cure is provided by the statute for this category.
Personal delivery to the tenant is required first. If the tenant is absent from both residence and usual place of business, substituted service is allowed: leaving a copy with a person of suitable age and discretion at either place, plus mailing a copy. Posting-and-mail is a last resort, allowed only if the tenant's residence and business cannot be ascertained or no suitable person can be found there.
3-day cure-or-quit notice, excluding Saturdays, Sundays, and judicial holidays. The tenant, a subtenant in actual occupation, or another person interested in the lease's continuance may cure within the notice period and save the lease from forfeiture. If the violated condition cannot afterward be performed, no cure-offering notice is required at all.
Distinct from the 3-day for-cause notices above: ending a month-to-month tenancy without cause requires 30 days' notice if the tenant has occupied the unit under one year, or 60 days' notice if one year or more. A tenant terminating gives notice for a period at least as long as the periodic tenancy term.
The statutory basis for every notice type on this page and the court process that follows if the tenant does not comply: California Code of Civil Procedure Sections 1159 through 1179a, "Summary Proceedings for Obtaining Possession of Real Property in Certain Cases."
Frequently Asked Questions
California requires 3 days' notice (excluding Saturdays, Sundays, and judicial holidays) for nonpayment of rent, a curable lease violation, or an incurable violation like unauthorized subletting, waste, or nuisance. All three notice types use the same 3-day period; what differs is whether the tenant gets a chance to fix the problem.
No. California law requires a written notice before filing an unlawful detainer lawsuit for any of the causes listed in Code of Civil Procedure Section 1161, including nonpayment of rent and lease violations. Skipping the notice, or serving it incorrectly, can get the eviction case dismissed.
A 3-day notice addresses a specific for-cause reason, like unpaid rent or a lease violation, under Code of Civil Procedure Section 1161. A 30-day notice (or 60-day for tenants who've lived there a year or more) is a no-cause termination of a month-to-month tenancy under Civil Code Section 1946.1, and for tenants occupying the unit 12 months or more, that notice must also state a just cause under Civil Code Section 1946.2 or it's void.
A 3-day notice to quit is the pre-filing notice California landlords must serve before starting an unlawful detainer case for nonpayment of rent, a curable lease violation, or certain incurable violations like subletting against the lease or committing a nuisance. The tenant has 3 days, excluding weekends and judicial holidays, to pay, cure, or vacate, unless the violation is incurable.
California law requires personal delivery to the tenant first. If the tenant can't be found at home or work, the notice may be left with a responsible adult at either location plus mailed. Posting the notice on the door and mailing a copy is allowed only as a last resort, if neither personal nor substituted service is possible. (Code of Civil Procedure Section 1162)
Common lease violations include unauthorized pets or occupants, property damage beyond normal wear and tear, and noise or nuisance complaints. Curable violations get a 3-day cure-or-quit notice, but violations like unauthorized subletting, waste, or maintaining a nuisance are treated as incurable under California law and get an unconditional 3-day quit notice with no chance to fix it.
No. The notice is the first step, a written warning giving the tenant a chance to pay, cure, or vacate. If the tenant doesn't comply, the landlord must then file an unlawful detainer lawsuit in Superior Court and get a judgment. Even after judgment, the landlord cannot personally remove the tenant: a court-issued writ of possession is executed by the levying officer (in most California counties, the sheriff), not the landlord. (Cal. Code Civ. Proc. Section 715.020)
If the tenant hasn't paid, cured, or vacated by the deadline, the landlord can file an unlawful detainer lawsuit in the Superior Court for the county where the property is located. The tenant will be served with a summons and complaint and has a limited number of days to respond before the case can proceed to judgment.