How to Serve a Notice to Vacate in California (2026)
Reviewed by DocDraft Legal Team · California · Last updated 2026-05-25
California landlords serve a 3-day pay-or-quit or cure-or-quit notice under Cal. Code Civ. Proc. § 1161 for nonpayment or lease violations, and a 30-day or 60-day notice under Cal. Civ. Code § 1946.1 to end a month-to-month tenancy without cause. After 12 months of continuous occupancy, Cal. Civ. Code § 1946.2 (the Tenant Protection Act, AB-1482) imposes a statewide just-cause requirement and, for no-fault grounds, relocation assistance equal to one month of rent. Effective January 1, 2025, AB 2347 doubled the tenant unlawful-detainer response window to 10 court days under Cal. Code Civ. Proc. § 1167. Local just-cause and rent-stabilization ordinances in Los Angeles, San Francisco, Oakland, and Berkeley impose stricter requirements than the statewide floor.
How do I serve a notice to vacate in California?
California landlords must serve the notice under Cal. Code Civ. Proc. § 1162. Acceptable methods are personal delivery to the tenant, substitute service by leaving a copy with a person of suitable age and discretion at the residence or usual place of business plus mailing a copy, or posting on the door plus mailing if neither prior method can be effected. The 3-day pay-or-quit clock excludes Saturdays, Sundays, and judicial holidays.
When does AB-1482 just cause apply and what are the grounds?
Cal. Civ. Code § 1946.2 requires just cause after a tenant has continuously and lawfully occupied the unit for 12 months. At-fault grounds include nonpayment, material lease breach, nuisance, criminal activity, refusal to renew on similar terms, and refusal to grant lawful access. No-fault grounds are owner or family move-in, withdrawal of the unit from the rental market, compliance with a government or court habitability order, and intent to demolish or substantially remodel.
Is relocation assistance required for no-fault terminations in California?
Yes. Under Cal. Civ. Code § 1946.2(d), a landlord ending a covered tenancy on no-fault grounds must pay relocation assistance equal to one month of the tenant's rent in effect when the notice was issued, or waive the final month of rent. The notice itself must state the relocation amount or the rent waiver. Failure to include the statement or pay the assistance makes the notice defective and stops the eviction action.
What did AB 2347 change about tenant response timing in 2025?
Effective January 1, 2025, Cal. Code Civ. Proc. § 1167 (amended by AB 2347) gives a tenant served with an unlawful-detainer summons 10 court days, excluding weekends and judicial holidays, to file a response. The prior deadline was 5 days. Landlords drafting timelines from pre-2025 templates will undercount the response window and risk a default-judgment motion the court will deny as premature.
California notice-to-vacate framework at a glance
California's notice rules sit on three statutory layers. The pre-suit notice itself is governed by Cal. Code Civ. Proc. § 1161 for at-fault grounds (3-day pay-or-quit, cure-or-quit, or quit-without-cure) and by Cal. Civ. Code § 1946.1 for no-cause month-to-month terminations (30 days if the tenant resided under one year, 60 days at one year or more). After 12 months of continuous occupancy, Cal. Civ. Code § 1946.2 (the Tenant Protection Act of 2019, commonly AB-1482) overlays a just-cause requirement: the notice must state one of the 12 enumerated grounds, and no-fault grounds require relocation assistance equal to one month of rent under § 1946.2(d). California does not publish a statute-mandated form for the pre-suit notice; the Judicial Council form UD-100 is the complaint that follows after the notice period expires, paired with UD-101, UD-105, and SUM-130. Effective January 1, 2025, AB 2347 amended Cal. Code Civ. Proc. § 1167 to give the tenant 10 court days, not 5, to file an answer to the unlawful-detainer summons. The Judicial Council landlord self-help portal at selfhelp.courts.ca.gov/eviction-landlord is the official state directory for forms and county filing procedures.
Landlord Resources
California Courts Self-Help. Eviction for landlords
Judicial Council self-help portal covering pre-suit notices, unlawful-detainer filing, Judicial Council forms (UD-100, UD-101, UD-105, SUM-130), and the trial process.
California Apartment Association
Statewide industry association publishing landlord compliance guides on AB-1482 just-cause, AB 2347 response timing, local rent-control overlays, and forms for member operators.
California Department of Real Estate
State licensing authority for property managers and brokers; publishes the Reference Book and bulletins on landlord-tenant practice, agency duties, and trust-fund handling.
California Civil Rights Department. Housing
State agency enforcing the Fair Employment and Housing Act for landlords, including protected-class compliance, source-of-income rules, and reasonable-accommodation duties.
Relevant Laws
California Civil Code § 1946.1 (Notice to Terminate Residential Tenancy)
Sets the 30-day notice for tenancies under one year and 60-day notice for tenancies of one year or more. Amended effective January 1, 2025 by SB 1103 to add qualified-commercial-tenant provisions.
California Civil Code § 1946.2 (Tenant Protection Act, AB-1482, statewide just cause)
Imposes a just-cause termination requirement after 12 months of continuous occupancy. Lists 12 enumerated grounds and sets relocation-assistance equal to one month of rent for no-fault terminations. Sunsets January 1, 2030.
California Code of Civil Procedure § 1161 (Unlawful Detainer Grounds)
Defines the 3-day pay-or-quit notice for nonpayment under subdivision (2), the 3-day cure-or-quit for curable lease breaches under subdivision (3), and the 3-day quit-without-cure for nuisance, waste, criminal activity, and unlawful subletting under subdivision (4).
California Code of Civil Procedure § 1162 (Service of Notice)
Lists the three permitted service methods for unlawful-detainer pre-suit notices: personal delivery, substitute service plus mailing, or posting plus mailing.
California Code of Civil Procedure § 1167 (Tenant Response Window, AB 2347)
Effective January 1, 2025, requires the tenant to file a response within 10 court days after service of an unlawful-detainer summons. Doubled from the prior 5-day deadline by AB 2347 (Stats. 2024).
California Code of Civil Procedure § 1161.2 (Sealed Unlawful Detainer Records)
Seals unlawful-detainer filings from broad public access for the first 60 days; sealing becomes permanent if the defendant prevails or the case is not resolved against the defendant within that window.
California Civil Code § 1942.5 (Retaliation Prohibition)
Bars a landlord from recovering possession, increasing rent, or decreasing services within 180 days of a tenant exercising habitability rights or complaining to a code-enforcement agency, where the tenant is not in default on rent.
Regional Variances
Statewide AB-1482 floor vs stricter California local ordinances
Statewide (Cal. Civ. Code § 1946.2)
Just-cause attaches after 12 months of continuous occupancy. 12 enumerated grounds (at-fault and no-fault). No-fault terminations require relocation assistance equal to one month of rent under § 1946.2(d). Sunsets January 1, 2030.
Los Angeles (Municipal Code § 151.09, Rent Stabilization Ordinance)
Just-cause attaches earlier and applies to RSO-covered units regardless of the 12-month statewide threshold. The City's Housing Department publishes the controlling notice forms and relocation-assistance tables; check current schedules before drafting.
San Francisco (Admin Code § 37.9, Rent Ordinance Chapter 37)
Just-cause applies to most pre-1979 units. Owner-move-in, Ellis Act withdrawal, and capital-improvement terminations carry filing, registration, and relocation-payment obligations administered by the Rent Board. Notice copies must be filed with the Board within the statutory window.
Oakland (Municipal Code § 8.22, Just Cause for Eviction Ordinance, Measure EE)
Just-cause applies broadly. Notice content must reference Measure EE and the Rent Adjustment Program. No-fault relocation-assistance schedule is set by ordinance and updated annually.
Berkeley (Municipal Code § 13.76.130, Rent Stabilization and Eviction for Good Cause Ordinance)
Just-cause applies to covered units. Rent Stabilization Board registration and notice filing are required before a covered-unit termination can proceed.
Other covered cities
Santa Monica, West Hollywood, East Palo Alto, Hayward, and Beverly Hills also impose just-cause and relocation overlays stricter than § 1946.2. Cal. Civ. Code § 1946.2(g) preserves these local ordinances. Verify the controlling municipal code before serving notice in any covered jurisdiction.
Suggested Compliance Checklist
Identify the correct cause and matching notice type
Pre-notice planning days after startingMatch the situation to the controlling statute. Nonpayment uses a 3-day pay-or-quit under Cal. Code Civ. Proc. § 1161(2). Curable lease breach uses a 3-day cure-or-quit under § 1161(3). Nuisance, waste, criminal activity, or unlawful subletting uses a 3-day quit-without-cure under § 1161(4). No-cause month-to-month termination uses a 30-day or 60-day notice under Cal. Civ. Code § 1946.1.
Check the AB-1482 12-month threshold and identify the just-cause ground
Pre-notice planning days after startingConfirm whether the tenant has continuously and lawfully occupied the unit for 12 months. If yes, Cal. Civ. Code § 1946.2 applies and the notice must state one of the 12 enumerated grounds (at-fault: nonpayment, breach, nuisance, criminal activity, refusal to renew on similar terms, refusal of access; no-fault: owner or family move-in, market withdrawal, government or court habitability order, demolish or substantially remodel).
Confirm the local-ordinance overlay if the unit sits in a covered city
Pre-notice planning days after startingIf the unit is in Los Angeles, San Francisco, Oakland, Berkeley, Santa Monica, West Hollywood, East Palo Alto, Hayward, or Beverly Hills, the local just-cause and relocation rules may be stricter than § 1946.2. Cal. Civ. Code § 1946.2(g) preserves more-protective local ordinances. Pull the current municipal code section and any Rent Board filing requirement before drafting.
Calculate relocation assistance for any no-fault ground
Pre-notice planning days after startingUnder Cal. Civ. Code § 1946.2(d), no-fault terminations require relocation assistance equal to one month of the tenant's rent in effect when the notice is issued, or a waiver of the final month of rent. Decide which option applies; the notice itself must state the amount or the waiver.
Draft the notice with the statutory content elements
Drafting days after startingInclude the amount of rent claimed due (for nonpayment), the name, telephone number, and address of the person to whom rent is paid plus the usual days and hours to receive personal payment, the cause and statutory citation, the just-cause ground for § 1946.2 covered tenancies, the relocation-assistance amount or rent waiver for no-fault grounds, the cure or quit deadline, and the landlord or agent signature. California does not mandate a statewide form; statutory content elements still must be satisfied.
Serve the notice under Cal. Code Civ. Proc. § 1162
Service days after startingUse one of the three permitted methods: personal delivery to the tenant; substitute service by leaving a copy with a person of suitable age and discretion at the residence or usual place of business plus mailing a copy; or posting on the property plus mailing a copy. Document the date, time, method, and server. Certified mail alone does not satisfy § 1162 for unlawful-detainer pre-suit notices.
Wait the full statutory notice period before filing
Notice period days after starting3-day notices under § 1161 exclude Saturdays, Sundays, and judicial holidays. 30-day and 60-day notices under § 1946.1 run calendar days. Do not file the unlawful-detainer complaint before the period expires; premature filing is grounds for dismissal.
File the unlawful-detainer complaint on Judicial Council form UD-100
Post-notice filing days after startingFile UD-100 (Complaint - Unlawful Detainer) with UD-101 (Plaintiff's Mandatory Cover Sheet) and SUM-130 (Summons - Unlawful Detainer) in the Superior Court of California. Limited civil applies for amounts up to $35,000; unlimited civil applies above that. Statewide filing fees effective January 1, 2026 are $240 for limited civil at or under $10,000, $370 for limited civil between $10,001 and $35,000, and $435 for unlimited civil.
Track the AB 2347 10-court-day tenant response window
Post-service of summons days after startingEffective January 1, 2025, Cal. Code Civ. Proc. § 1167 (amended by AB 2347) gives the tenant 10 court days, excluding weekends and judicial holidays, to file an answer after service of the unlawful-detainer summons. Do not file for default judgment before the 10 court days run; the court will deny premature motions. Pre-2025 references showing a 5-day window are out of date.
Set the trial within the statutory window and obtain the writ
Post-answer days after startingUnder Cal. Code Civ. Proc. § 1170.5(a), trial of an unlawful-detainer must be held not later than the 20th day following the request to set the case for trial. After a judgment for possession, request the writ of possession from the clerk; the sheriff serves and executes the writ. Attorney review is available before filing if the case involves a covered-city overlay, a no-fault termination, or a disputed protected-class question.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the correct cause and matching notice type | Match the situation to the controlling statute. Nonpayment uses a 3-day pay-or-quit under Cal. Code Civ. Proc. § 1161(2). Curable lease breach uses a 3-day cure-or-quit under § 1161(3). Nuisance, waste, criminal activity, or unlawful subletting uses a 3-day quit-without-cure under § 1161(4). No-cause month-to-month termination uses a 30-day or 60-day notice under Cal. Civ. Code § 1946.1. | - | Pre-notice planning |
| Check the AB-1482 12-month threshold and identify the just-cause ground | Confirm whether the tenant has continuously and lawfully occupied the unit for 12 months. If yes, Cal. Civ. Code § 1946.2 applies and the notice must state one of the 12 enumerated grounds (at-fault: nonpayment, breach, nuisance, criminal activity, refusal to renew on similar terms, refusal of access; no-fault: owner or family move-in, market withdrawal, government or court habitability order, demolish or substantially remodel). | - | Pre-notice planning |
| Confirm the local-ordinance overlay if the unit sits in a covered city | If the unit is in Los Angeles, San Francisco, Oakland, Berkeley, Santa Monica, West Hollywood, East Palo Alto, Hayward, or Beverly Hills, the local just-cause and relocation rules may be stricter than § 1946.2. Cal. Civ. Code § 1946.2(g) preserves more-protective local ordinances. Pull the current municipal code section and any Rent Board filing requirement before drafting. | - | Pre-notice planning |
| Calculate relocation assistance for any no-fault ground | Under Cal. Civ. Code § 1946.2(d), no-fault terminations require relocation assistance equal to one month of the tenant's rent in effect when the notice is issued, or a waiver of the final month of rent. Decide which option applies; the notice itself must state the amount or the waiver. | - | Pre-notice planning |
| Draft the notice with the statutory content elements | Include the amount of rent claimed due (for nonpayment), the name, telephone number, and address of the person to whom rent is paid plus the usual days and hours to receive personal payment, the cause and statutory citation, the just-cause ground for § 1946.2 covered tenancies, the relocation-assistance amount or rent waiver for no-fault grounds, the cure or quit deadline, and the landlord or agent signature. California does not mandate a statewide form; statutory content elements still must be satisfied. | notice-to-tenants-of-intent-to-sell | Drafting |
| Serve the notice under Cal. Code Civ. Proc. § 1162 | Use one of the three permitted methods: personal delivery to the tenant; substitute service by leaving a copy with a person of suitable age and discretion at the residence or usual place of business plus mailing a copy; or posting on the property plus mailing a copy. Document the date, time, method, and server. Certified mail alone does not satisfy § 1162 for unlawful-detainer pre-suit notices. | - | Service |
| Wait the full statutory notice period before filing | 3-day notices under § 1161 exclude Saturdays, Sundays, and judicial holidays. 30-day and 60-day notices under § 1946.1 run calendar days. Do not file the unlawful-detainer complaint before the period expires; premature filing is grounds for dismissal. | - | Notice period |
| File the unlawful-detainer complaint on Judicial Council form UD-100 | File UD-100 (Complaint - Unlawful Detainer) with UD-101 (Plaintiff's Mandatory Cover Sheet) and SUM-130 (Summons - Unlawful Detainer) in the Superior Court of California. Limited civil applies for amounts up to $35,000; unlimited civil applies above that. Statewide filing fees effective January 1, 2026 are $240 for limited civil at or under $10,000, $370 for limited civil between $10,001 and $35,000, and $435 for unlimited civil. | - | Post-notice filing |
| Track the AB 2347 10-court-day tenant response window | Effective January 1, 2025, Cal. Code Civ. Proc. § 1167 (amended by AB 2347) gives the tenant 10 court days, excluding weekends and judicial holidays, to file an answer after service of the unlawful-detainer summons. Do not file for default judgment before the 10 court days run; the court will deny premature motions. Pre-2025 references showing a 5-day window are out of date. | - | Post-service of summons |
| Set the trial within the statutory window and obtain the writ | Under Cal. Code Civ. Proc. § 1170.5(a), trial of an unlawful-detainer must be held not later than the 20th day following the request to set the case for trial. After a judgment for possession, request the writ of possession from the clerk; the sheriff serves and executes the writ. Attorney review is available before filing if the case involves a covered-city overlay, a no-fault termination, or a disputed protected-class question. | - | Post-answer |
Frequently Asked Questions
Cal. Code Civ. Proc. § 1161(2) sets a 3-day pay-or-quit period, excluding Saturdays, Sundays, and judicial holidays. The notice must state the rent claimed due, the name and address of the person to whom rent is paid, and if payment may be made personally, the usual days and hours that person is available to receive payment. Missing any of these content elements makes the notice defective.
Cal. Civ. Code § 1946.2 attaches once the tenant has continuously and lawfully occupied the unit for 12 months. Before the 12-month threshold, a landlord may terminate a month-to-month tenancy without stating a cause, using the § 1946.1 30-day or 60-day notice. After 12 months, the notice must state one of the 12 enumerated just-cause grounds, and a no-cause termination of a covered tenancy is invalid.
Effective January 1, 2025, Cal. Code Civ. Proc. § 1167 (amended by AB 2347) doubled the tenant's response window after service of an unlawful-detainer summons from 5 days to 10 court days. Weekends and judicial holidays are excluded. Landlords running unlawful-detainer timelines off pre-2025 references will file motions for default too early; courts will deny them as premature.
No. Cal. Code Civ. Proc. § 1161(3) governs curable lease-covenant breaches and gives the tenant 3 days to perform or quit. Cal. Code Civ. Proc. § 1161(4) applies to non-curable grounds such as nuisance, waste, criminal activity on the premises, and unlawful assignment or subletting; the notice is a 3-day quit-without-cure. Choosing the wrong subdivision invalidates the notice.
Cal. Civ. Code § 1946.2(d) sets the amount equal to one month of the tenant's rent in effect when the notice to terminate was issued. The landlord may pay the cash assistance or waive the final month of rent, but the notice itself must state which option applies. The amount keys to the rent on the notice date, not any earlier or later figure.
For § 1946 and § 1946.1 termination notices, Cal. Civ. Code § 1946 permits service by certified or registered mail. For § 1161 unlawful-detainer pre-suit notices (3-day pay-or-quit, cure-or-quit, or quit-without-cure), service must follow Cal. Code Civ. Proc. § 1162: personal delivery, substitute service plus mailing, or posting plus mailing. Certified mail alone does not satisfy § 1162.
The Superior Court of California hears unlawful-detainer actions, filed in the limited-civil division for amounts up to $35,000 and unlimited-civil for amounts above $35,000. Filing fees per the statewide schedule effective January 1, 2026 are $240 for limited civil at or under $10,000, $370 for limited civil between $10,001 and $35,000, and $435 for unlimited civil above $35,000. The trial must be set within 20 days of the request to set under Cal. Code Civ. Proc. § 1170.5(a).
Cal. Code Civ. Proc. § 1161.2 seals unlawful-detainer records from broad public access for the first 60 days after filing. If the landlord obtains a judgment against all defendants within that 60-day window, access opens. If the tenant prevails, or the case is not resolved against the tenant within 60 days, the sealing becomes permanent and tenant-screening services cannot pull the filing.
Yes. Cal. Civ. Code § 1946.2(g) preserves more-protective local ordinances. Los Angeles (Municipal Code § 151.09 Rent Stabilization Ordinance), San Francisco (Admin Code § 37.9 Rent Ordinance), Oakland (Municipal Code § 8.22 Just Cause Ordinance), Berkeley (Municipal Code § 13.76.130), and other cities including Santa Monica, West Hollywood, East Palo Alto, Hayward, and Beverly Hills impose stricter just-cause grounds, longer notice periods, and additional relocation assistance. Landlords in covered cities must comply with the local ordinance, not the statewide floor.
Yes. Cal. Civ. Code § 1942.5 bars a landlord from recovering possession, raising rent, or reducing services within 180 days of a tenant exercising habitability rights, complaining to a code-enforcement agency, or participating in a tenant organization, where the tenant is not in default on rent. A retaliation defense raised in the unlawful-detainer answer can defeat the action.
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