- Eviction Notice Types
- California Eviction Laws
- California Eviction Process
- How to Write a Notice to Quit in California
- California Eviction Notice Sample
- California Eviction Notice FAQs
California Eviction Notice
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 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
In order for a California eviction to be successful and legally valid, landlords must take a number of important steps when serving, delivering, and completing the process. 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
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.
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.