Free California Eviction Notice Form

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:

1. Following the non-payment of rent
2. For non-compliance with the lease regarding a curable issue
3. 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).

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.

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.

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

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

There are several other legal documents that can be useful for landlords or when managing real estate. If you are currently renting out, or plan to do so in the future, use the following documents below to ensure your property is properly looked after: 

• California Rental Application
• California Residential Lease Agreement