California Eviction Notice

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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))

3. 3

   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))

4. 4

   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))

5. 5

   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.

6. 6

   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)

7. 7

   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)

California Requirements for Eviction Notice

• No Prescribed Form, Mandatory Content (California Code of Civil Procedure Section 1161(2); Civil Code Section 1946.2)

  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.

• Notice Period for Nonpayment of Rent (California Code of Civil Procedure Section 1161(2))

  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.

• Unconditional Quit Notice for Incurable Violations (California Code of Civil Procedure Section 1161(4))

  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.

• Proper Service Requirements (California Code of Civil Procedure § 1162)

  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.

• Notice Period for Curable Lease Violations (California Code of Civil Procedure Section 1161(3))

  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.

• No-Cause Termination Notice Period (California Civil Code Section 1946.1)

  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.

• Governing Unlawful Detainer Statute (California Code of Civil Procedure Sections 1159-1179a)

  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."