Free California Eviction Notice Form

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Table of Contents:

Eviction Notice Types
California Eviction Notice Sample
California Eviction Laws
California Eviction Process
How to Write a Notice to Quit in California
Related Documents
California Eviction Notice FAQs

Eviction Notice Types

A legal eviction in California can only be made for a number of legally acceptable reasons. This means that landlords must use the correct eviction notice type for their circumstances and type of residential lease agreement or rental contract.

Each kind of eviction notice differs depending on how much time it gives tenants to legally leave the property and can vary on whether it allows the residents of your property to cure an issue or not.

If however, the property is rent-controlled, there are special rules that need to be followed. Be aware that you can only evict someone from these kinds of rental units for specific reasons under California law. If your property is under rent-control you are advised to contact your local housing association before beginning eviction proceedings to understand the requirements.

3-Day Notice to Quit

A 3-Day Notice to Quit in California (§ 1161(4)) is one of the most common types of notice used in the state. Landlords may issue this kind of warning to their tenants under the following circumstances:

Following the non-payment of rent
For non-compliance with the lease regarding a curable issue
In cases of non-compliance with the lease for an irreparable issue

In all these cases, the tenant will be given 3 days in order to comply with the notice. In most circumstances, they will be given the opportunity to cure the issues that led to the order being issued.

However, they can also be used to give unconditional notice to quit when severe breaches of the lease have been committed. For example, this might be used in the event of illegal activity being carried out on the premises.

14-Day Notice to Quit

14-Day Notices to Quit can only be used in a situation where the tenant has suffered from a case of stalking or domestic violence. This allows the tenant in question to terminate the lease without penalty and quit the property within 14 days. They will still be responsible for the back rent of this two week period but will be released from all other obligations under the legal contract.

30-Day Notice to Quit

When a landlord wishes to end a periodic tenancy or a lease holdover that has lasted under 1 year they must use a 30-Day Notice to Quit to do so. This can be done for any reason as long as the property isn’t leased under rent-control rules (§ 1946).

60-Day Notice to Quit

When landlords wish to end periodic tenancies or to evict lease holdovers of tenants who have been residing in the property for over 1 year a 60-Day Notice to Quit is required. This lets the landlord give the tenant advance notice of their decision to evict (§ 1946.1).

California Eviction Notice Sample

When you prepare your own California eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.

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California Eviction Laws

There are a number of important requirements that are obligatory under California law when proceeding with the eviction of a rental tenant. These include the following considerations:

Notice Periods: Depending on the type of eviction being made and the lease agreement that is in force the landlord must provide between 3 - 60 days notice to the tenant that they must leave the premises.
Rental Payment Grace Periods: Many lease agreements will formally outline the grace period before the rent is considered late. However, landlords must wait at least 2 days past the rental due date before collecting any penalty fees from the tenant.
Eviction Lawsuits: Chapter 4 of the California civil code regulates how evictions must proceed in the state.

California Eviction Process

To complete a legally valid California eviction process, landlords must take several important steps when serving and delivering a notice. The actions that must be taken are as follows:

Send the eviction notice: The landlord must deliver the correct type of eviction notice to the tenant. This document must follow the conditions and terms laid down in the original lease agreement.
Give enough time for the tenant to respond: Next, the landlord must allow the notice duration to expire. Within this time the tenant may cure the issue or leave the property as requested. If they do not leave or correct the problem, further action will be necessary.
File a case with the courts: If the tenant does not comply with the Notice to Quit, the landlord should then file a complaint. They must do so at a local county court where the property is located and must complete and submit Form UD-100, Form SUM-130, and Form CM-010, as well as paying a filing fee.
Serve the tenant with the court papers: A copy of the filed forms must be served to the tenant. This is done via a civil process server, who will also collect a completed Proof of Service form from the tenant. This document will also need to be filed with the court.
Await response via a Form UD-150: Tenants have 5 days to respond to the court via Form UD-150 when served in person, or 15 days if served by mail.
Request the court’s judgment: If the tenant doesn’t respond in the time given you can then petition the court to award a default judgment that allows you to continue with the final eviction.
Proceed with the eviction: Once the court approves the tenant’s Writ of Possession (Form EJ-130) the tenant may notify the county sheriff and conclude the eviction.

How to Write a Notice to Quit in California

Completing a Notice to Quit in California can be done easily online. Our contract generator tools will guide you step-by-step through the process, allowing you to build a fully personalized and legally valid eviction notice.

This will help you include the key clauses, structure, and language necessary to make your notice effective. You will be able to enter your own details and any other vital information to customize your document for your circumstances.

The printable eviction notice sample can be made to be compliant with the rules of any California county or city. This includes:

Los Angeles County
San Diego County
Orange County
San Francisco

California Eviction Notice FAQs

It is important to fully understand the key necessities of eviction notices before creating your own document from our template library. If you are still unsure of some of the finer details of California eviction notices you should review our FAQs below for more information.

How Long Does an Eviction Take in California?

The process of managing an eviction in California is longer than in many other states. From submitting the eviction notice to the final eviction it can take between 45 and 75 days to complete on average.

However, this time period is often shorter with a properly completed California Notice to Quit. Furthermore, if the tenant complies with the order without contesting the matter in court an eviction can be completed in just a handful of days.

How Many Days Notice Does a Landlord Need to Give in California?

The notice period a landlord needs to give in California always depends on their reason to evict. When a California eviction notice is served it must provide the correct duration for the infraction or it won’t be valid. This can be as few as 3 days for a missed rental payment and up to 60 days when evicting a periodic tenant of over 1 year.

How to Count a 3-Day Notice in California?

It is important to remember that the notice period begins the day after a California eviction notice has been served. For example in the case of a 3-Day Notice served on a Monday, the tenant would have until Thursday, i.e. three full days, to comply.

How to Serve an Eviction Notice in California?

There are a number of different ways that tenants may serve a California eviction notice. To make the serving of the Notice to Quit legally compliant in the state, you can deliver the signed document using any of the following methods:

It can be submitted in person by the landlord to the tenant.
It can be left with a person over 18 years old who is residing on the property as long as another copy is mailed to the tenant.
The notice can be posted to the door and another copy sent by registered mail to the tenant directly.
The notice can simply be delivered by registered mail if the landlord is sending a 30-Day or 60-Day notice to the tenant.

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Preview of your California Eviction Notice

3 DAY NOTICE TO PAY RENT OR QUIT

_________

_________
_________
_________, California _________

TO TENANT(S), ALL OTHER RESIDENTS AND UNNAMED OCCUPANTS OF THE PREMISES LOCATED AT:

_________, _________, California _________

PLEASE TAKE NOTICE that your tenancy of the herein described premises is terminated and that notice is hereby given that there is now due, unpaid and delinquent rent during the last twelve months in the total sum of $0, as follows:

_________	to	_________	$_________


Total:			$0

WITHIN THREE (3), excluding Saturdays and Sundays, and other judicial holidays days, after service on you of this notice, you are hereby required to pay the amount of the above-stated rent in full by OR quit and vacate the subject premises and turn over possession thereof to the owner or landlord _________ or his/her authorized agent.

PLEASE TAKE FURTHER NOTICE that if you do not pay the rent in full OR turn over possession of said premises WITHIN THREE (3) days as required by this notice, that the undersigned does hereby elect to declare the forfeiture of your lease deposit and/or rental agreement. In addition, the owner or landlord will institute legal proceedings for an unlawful detainer against you to declare the lease or rental agreement void or forfeited and recover possession of said premises. Such proceedings could result in a judgment against you, which may include court costs and attorney fees, as well as damages, as allowed by California law.

If the court determines that you have maliciously withheld the payment of rent, it may award the plaintiff statutory damages of up to SIX HUNDRED DOLLARS, in addition to actual damages, including rent found due, in accordance with California law.

THIS IS INTENDED AS A THREE (3) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS TERMINATION OF TENANCY IS IN COMPLIANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE § 1161.

Make payment to: _________
Address: _________, _________, _________ _________
Phone Number: _________

Payment must be made by 10:00 AM on _________
(Payment can be made in person between the hours of 9am and 5pm, Monday through Sunday).

LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF CALIFORNIA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.

Dated: _________

By: ______________________________
_________

_________, _________, _________ _________
_________

PROOF OF SERVICE

I, the undersigned, _________, being at least 18 years of age, certify and declare under penalty of perjury that on the _____ day of _____________, 20___ I served the above notice to the tenant(s) personally to the person in possession of the property, or in the manner(s) indicated below:

__ On _____________, after attempting personal service, by delivering it on the premises to a member of suitable age of his/her family or household or an employee of suitable age and discretion at the residence/business of the tenant(s), with a request that it be delivered to the person in possession of said premises, AND deposited a true copy in the U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to the tenant(s) at his/her place of residence.

__ On _____________, after attempting service in both manners indicated previously, I served this notice by posting it in a visible place at the residence of the tenant(s), AND I deposited a true copy through Certified U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to the tenant(s) or the person(s) in possession of the property at his/her/their place of residence.

Executed on ____________________
Served by ______________________