California Eviction Notice Laws: The Landlord and Tenant Guide
3-Day Pay-or-Quit · Cure or Quit · Unconditional Quit · 30 and 60-Day No-Fault · AB 1482 Just Cause · Service Rules
In California, the eviction notice is step one, and a defective notice sinks the whole case. Before a landlord can set foot in court, the law requires the right written notice, served the right way, for the right number of days. Choose the wrong notice, demand the wrong amount, miscount the days, or serve it improperly, and a tenant can have the entire unlawful detainer thrown out and start the clock over. This guide walks the whole framework end to end — every notice type, how many days each needs, when just cause under AB 1482 applies, how to serve under Code of Civil Procedure section 1162, what makes a notice valid, and what happens after — in plain English, with every rule tied to a concrete action.
The stakes are practical and one-sided. California is a strict-compliance state: judges enforce the notice statutes to the letter, and even a small error, such as overstating the rent due by a few dollars, can void a pay-or-quit notice and force the landlord to start again. Because the just-cause rules, the day-counts, and the response deadlines have all changed in recent years — Assembly Bill 2347 doubled the tenant’s time to answer a lawsuit as of January 1, 2025 — treat every figure in this guide as a starting point and verify the current statute before you serve or file anything.
Below, an overview video summarizes the California framework; the sections that follow break down each piece — the notice types and their day-counts, the just-cause requirement and relocation assistance, service methods, what makes a notice valid, the unlawful detainer lawsuit, retaliation and tenant defenses, local rules, a landlord playbook, and defensible-versus-fatal scenarios — plus a California-specific FAQ.
California Eviction Notices at a Glance
Nonpayment
3-day pay or quit (business days)
Lease Breach
3-day cure or quit; quit only if severe
No-Fault
30 or 60-day notice
Just Cause
Required after 12 months (AB 1482)
The Notice Is Step One — and It Can Sink the Case
Every California eviction begins with a written notice, and that notice is the single most common point of failure. California courts treat the unlawful detainer statutes as requiring strict compliance: the landlord who wants the fast, summary eviction remedy has to earn it by following the notice rules exactly. A notice that names the wrong amount, gives the wrong number of days, is served the wrong way, or is filed on too early gives the tenant a clean, complete defense — the judge can dismiss the case, and the landlord has to start over from a fresh notice, losing weeks.
This is why the notice deserves more care than any other step. The rest of the process — filing the lawsuit, the hearing, the writ — is largely mechanical once the notice is right. Get the notice wrong and none of it matters. Throughout this guide, the theme repeats: the exactness of the notice decides the case long before a judge ever reads the complaint.
Overstating the rent voids a pay-or-quit notice
The most frequent fatal defect is demanding even slightly more than the rent actually owed. A three-day notice to pay rent or quit must state the exact amount due; if it overstates the rent — by adding late fees the lease does not authorize, tacking on charges that are not rent, or simple arithmetic error — California courts have long held the notice invalid, because the tenant is entitled to know the precise sum needed to keep the home. Demand only past-due rent, and get the number right to the dollar.
Takeaway
In California the notice is step one and the whole case rides on it. Courts demand strict compliance with the notice statutes, so the right notice, the right amount, the right days, and proper service matter more than anything that happens in court. A defective notice is a complete defense that forces the landlord to start over.
The California Eviction Notice Types
California recognizes a handful of distinct notices, and using the wrong one is itself a fatal defect. Which notice applies depends entirely on why the landlord wants the tenant out. The three-day notices come from Code of Civil Procedure section 1161; the no-fault termination notices come from Civil Code section 1946.1.
3-Day Notice to Pay Rent or Quit (Nonpayment)
When a tenant is behind on rent, the landlord serves a three-day notice to pay rent or quit under Code of Civil Procedure section 1161(2). It gives the tenant a choice: pay the exact past-due rent within the notice period and stay, or leave. Critically, the three days exclude Saturdays, Sundays, and other judicial holidays, so they are effectively three court days, not three calendar days. The notice must state the amount due and the name, telephone number, and address of the person to whom the rent must be paid; if payment may be made in person, it must give the usual days and hours that person is available. If the tenant pays in full within the period, the tenancy continues and the landlord cannot proceed.
3-Day Notice to Cure or Quit (Curable Lease Violation)
When a tenant breaches a lease term that can be fixed — an unauthorized pet, an unapproved occupant, a parking or noise violation the tenant can stop — the landlord serves a three-day notice to perform covenant or quit, commonly called a cure-or-quit notice, under Code of Civil Procedure section 1161(3). It identifies the specific violation and gives the tenant three days (again excluding weekends and court holidays) to cure it or move out. If the tenant fixes the problem within the period, the tenancy continues. The notice must describe the breach with enough specificity that the tenant knows exactly what to correct.
3-Day Unconditional Quit (Severe or Incurable Conduct)
For serious, incurable conduct, California allows a three-day notice to quit with no chance to cure under Code of Civil Procedure section 1161(4). This applies when the tenant is committing waste, maintaining or permitting a nuisance, using the premises for an unlawful purpose, or unlawfully subletting or assigning against the lease. Because the conduct is treated as too serious to fix, the tenant’s only option is to leave — there is no pay-or-cure alternative. Given how drastic this notice is, the underlying grounds must genuinely fit the statute; a garden-variety lease breach does not qualify and must go through cure-or-quit instead.
No-Fault Termination: 30-Day and 60-Day Notices
When the landlord simply wants to end a month-to-month tenancy and the tenant has done nothing wrong, the vehicle is a no-fault termination notice under Civil Code section 1946.1. The length depends on how long the tenant has lived there: a 30-day notice if any tenant has occupied the unit for less than one year, and a 60-day notice if the tenant has occupied it for one year or more. Important caveat: for a tenant covered by AB 1482 (generally 12 months or more of occupancy), a bare no-fault notice is not enough on its own — the landlord must also have a recognized no-fault just cause and, as discussed below, provide relocation assistance.
A 90-day notice for subsidized tenancies
Some federally subsidized tenancies, such as Section 8 Housing Choice Voucher households, require a longer notice period — often 90 days — before a no-fault termination, and additional program rules apply. If the tenancy involves a housing voucher or another subsidy, confirm the specific program’s notice requirement, because it can be longer than the state 30 or 60-day minimum.
Takeaway
The notice type follows the reason: 3-day pay-or-quit for nonpayment, 3-day cure-or-quit for a fixable breach, 3-day unconditional quit for a nuisance, waste, unlawful use, or illegal subletting, and a 30 or 60-day no-fault notice to end a month-to-month tenancy. Using the wrong notice for the situation is itself a fatal defect.
How Many Days Each Notice Requires
The day-count is where landlords most often trip. The three-day notices are measured in court days, not calendar days, and the no-fault notices turn on length of tenancy. Use this table as the quick reference, then read the notes below it.
| Notice | Days required | Statute and grounds |
|---|---|---|
| Pay rent or quit | 3 days, excluding weekends and judicial holidays | Code of Civil Procedure section 1161(2) — nonpayment of rent |
| Cure or quit | 3 days, excluding weekends and judicial holidays | Code of Civil Procedure section 1161(3) — curable lease violation |
| Unconditional quit | 3 days, excluding weekends and judicial holidays | Code of Civil Procedure section 1161(4) — nuisance, waste, unlawful use, illegal subletting |
| No-fault, under one year | 30 calendar days | Civil Code section 1946.1 — month-to-month termination |
| No-fault, one year or more | 60 calendar days | Civil Code section 1946.1 — month-to-month termination |
| Subsidized (e.g. Section 8) | Often 90 days — verify program | Program rules layer on top of state law |
Three court days can be a week on the calendar
Because the three-day notices exclude Saturdays, Sundays, and judicial holidays, the count starts the day after service and skips weekends and court holidays. A notice served on a Thursday before a holiday weekend may not expire until the following Wednesday or Thursday. A landlord who files the unlawful detainer even one day early — before the last court day has passed — hands the tenant a complete defense. Count carefully, and when in doubt, wait an extra day.
Add time when you serve by mail
The 30 and 60-day no-fault notices are measured in calendar days, but the method of service still matters: substituted service and post-and-mail service under Code of Civil Procedure section 1162 are not complete until the mailed copy goes out, and courts generally add time for the mailing before treating the notice period as running. Build in that cushion so the period is unquestionably satisfied before you file.
Takeaway
The three-day notices are three court days, excluding weekends and holidays, not three calendar days — miscounting is a top defect. No-fault termination is 30 days under one year, 60 days at a year or more, and subsidized tenancies may need 90. Never file the lawsuit before the last day of the notice period has actually passed.
Just Cause Under AB 1482
For most California tenants, a landlord cannot simply end the tenancy at will. The Tenant Protection Act of 2019 (AB 1482), codified at Civil Code section 1946.2, imposes a just-cause requirement: once a tenant has continuously and lawfully occupied a covered unit for 12 months or more (or, in a shared tenancy, once at least one tenant has reached 24 months or all tenants have reached 12 months), the landlord generally must state a legally recognized just cause to terminate.
At-Fault Versus No-Fault Just Cause
Section 1946.2 sorts just cause into two families. At-fault just cause covers the tenant’s own conduct — nonpayment of rent, a material breach of the lease, committing waste or a nuisance, criminal activity or an unlawful use on the property, refusing lawful entry, or refusing to sign a similar renewal lease. These grounds run through the matching three-day notices described above. No-fault just cause covers reasons unrelated to the tenant’s behavior — the owner or a close family member moving in, withdrawing the unit from the rental market, complying with a government order to vacate, or an intent to demolish or substantially remodel — and these run through the 30 or 60-day termination notice.
No-Fault Removals Require Relocation Assistance
The teeth of the just-cause rule are in the money. When a landlord ends a covered tenancy for a no-fault reason, the landlord must either pay the tenant relocation assistance equal to one month of the tenant’s rent in effect when the notice is served, or waive one month’s rent, and that assistance must be provided within 15 calendar days of serving the notice. If the landlord fails to provide it, the notice is void. (If a government agency or court determines the tenant is at fault for the condition triggering the order to vacate, the relocation obligation does not apply.)
The AB 1482 exemptions
Just cause under section 1946.2 does not reach every unit. The main exemptions mirror the rent-cap side of AB 1482: single-family homes and condominiums are exempt only if the owner is not a real estate investment trust, a corporation, or an LLC with a corporate member, and the landlord gave the tenant the specific written notice of exemption in the statutory language. Housing with a certificate of occupancy issued within the last 15 years is exempt on a rolling basis, and certain owner-occupied duplexes and deed-restricted affordable housing have their own treatment. A missing exemption notice puts a single-family home back under just cause. When in doubt, assume covered and verify.
Takeaway
Under AB 1482 (Civil Code section 1946.2), a landlord generally needs just cause to remove a tenant of 12 months or more — either at-fault or no-fault — and a no-fault removal requires relocation assistance of one month’s rent within 15 days. Single-family homes and newer construction can be exempt, but only under narrow conditions and, for a single-family home, only with the written exemption notice.
How to Serve a Notice: Code of Civil Procedure Section 1162
A notice that is written perfectly still fails if it is served the wrong way. California authorizes exactly three methods of serving an eviction notice, all set out in Code of Civil Procedure section 1162. A landlord must use one of them; there is no valid “just email it” or “just text it” option.
| Method | How it works | When to use it |
|---|---|---|
| Personal service | Hand the notice directly to the tenant | Always preferred; the cleanest proof |
| Substituted service | Leave a copy with a person of suitable age and discretion at the tenant’s home or workplace, AND mail a copy to the tenant | When the tenant cannot be found personally but someone is available |
| Post and mail | Affix a copy in a conspicuous place on the property, AND mail a copy to the tenant at the property | Only when neither personal nor substituted service is possible |
The order matters: post-and-mail is a last resort, used only when personal and substituted service cannot be accomplished. For both substituted service and post-and-mail, the service is not complete until the mailed copy is sent, and California courts generally treat the notice period as extended to account for the mailing — commonly by adding several days — before the landlord may file. Posting on the property without also mailing, or taping the notice to an exterior door and calling it done, is a classic defective service that gets cases dismissed.
Keep a proof of service
Whoever serves the notice should complete a proof of service recording who was served, how, when, and where. Without it, the landlord may be unable to prove the notice period ever started — and in a strict-compliance state, an unprovable service is a losing one. Personal service by someone other than a party, followed by a signed proof, is the strongest record.
Takeaway
Serve only by one of the three methods in Code of Civil Procedure section 1162 — personal, substituted (leave plus mail), or post-and-mail as a last resort. Substituted and posted service are not complete until the copy is mailed, and courts add time for the mailing. Email or text alone is not valid service. Always keep a proof of service.
What Makes a Notice Valid
Beyond picking the right notice and serving it correctly, the notice’s content has to be right. A valid California eviction notice is a written document — never oral — and, depending on type, generally includes the following.
| Required element | Why it matters |
|---|---|
| Tenant name(s) and property address | Identifies who is being noticed and which unit; a wrong name or address can void the notice |
| The exact reason | Nonpayment, the specific curable breach, or the specific nuisance or unlawful use — stated with enough detail to respond |
| Amount due and how to pay (pay-or-quit) | The precise past-due rent, plus the name, phone, and address of the person to pay, and the days and hours for in-person payment |
| The deadline | The correct number of days for the notice type, counted correctly |
| Date and signature | The date of the notice and the signature of the landlord or authorized agent |
For a pay-or-quit notice, the payment details are not optional boilerplate — the statute specifically requires the name, telephone number, and address of the person to whom rent is paid, and, if in-person payment is allowed, the usual days and hours that person is available to receive it. Omitting those details can void the notice as surely as an oral notice would. For a cure-or-quit notice, the breach must be described specifically enough that the tenant knows precisely what to fix.
Takeaway
A valid notice is written, names the tenant and address, states the exact reason, and — for pay-or-quit — demands the precise rent due with the name, phone, and address for payment. Vague grounds, an overstated amount, or missing payment details each void the notice.
After the Notice: The Unlawful Detainer Lawsuit
If the notice period expires and the tenant has not paid, cured, or moved out, the landlord’s next — and only — lawful step is to file an unlawful detainer, California’s summary eviction lawsuit. A landlord cannot skip this step, and cannot substitute self-help for it. The unlawful detainer is filed in the superior court for the county where the property is located.
File the complaint
After the notice period runs, the landlord files an unlawful detainer complaint in the superior court for the county, attaching the notice and proof of service. A summons issues.
Serve the summons and complaint
The tenant is served with the summons and complaint. Proper service triggers the tenant’s deadline to respond.
Tenant responds within 10 court days
Under Assembly Bill 2347, effective January 1, 2025, the tenant has 10 court days (excluding weekends and holidays) to file an answer or other response — up from the prior five days. Substituted service adds time.
Default or trial
If the tenant does not respond, the landlord may request a default judgment. If the tenant answers, the court sets a trial, typically weeks out, where the landlord must prove every element.
Judgment and writ of possession
If the landlord prevails, the court issues a judgment for possession and a writ of possession. The sheriff — not the landlord — posts a notice and then physically restores possession.
Only the sheriff can remove a tenant
A judgment for possession does not let the landlord change the locks personally. The court issues a writ of possession to the sheriff, who posts a notice giving the tenant a short window (commonly five days) to leave, then returns to remove the tenant if necessary. The landlord takes possession only after the sheriff has executed the writ. Any shortcut around this is an illegal self-help eviction.
AB 2347 changed the timeline
The most important recent change is the tenant’s response window. Before 2025, a tenant had five court days to respond to an unlawful detainer summons; Assembly Bill 2347, effective January 1, 2025, doubled that to 10 court days and adjusted related motion timelines. Any landlord working from an older guide that still says “five days” is relying on stale law. Verify the current deadline before you calendar a default.
Takeaway
After the notice expires, the only lawful path is an unlawful detainer in superior court. Under AB 2347 the tenant now has 10 court days to respond, not five. If the landlord wins, the court issues a writ of possession that the sheriff executes — the landlord never removes a tenant personally.
Retaliation and Tenant Defenses
Even a landlord with a real ground can lose if the eviction runs into a tenant defense. Two categories matter most: retaliation, and the notice and procedural defects this guide has stressed throughout.
Retaliation Is Presumed Within 180 Days
Under Civil Code section 1942.5, a landlord may not evict, raise rent, or cut services because a tenant exercised a legal right — reporting a habitability problem to a code agency, requesting a needed repair, using the repair-and-deduct remedy, or organizing with other tenants. If the landlord acts within 180 days of the protected activity, the law presumes retaliation, and the burden shifts to the landlord to prove a legitimate, non-retaliatory reason. Timing an eviction right after a tenant complaint is one of the easiest ways to lose an otherwise valid case.
The Common Tenant Defenses
- Defective notice. Wrong notice type, wrong days, overstated rent, missing payment details, or a notice that is oral rather than written — each is a complete defense.
- Improper service. Service that does not follow one of the three methods in Code of Civil Procedure section 1162, or that cannot be proven, defeats the case.
- Payment or cure made in time. If the tenant paid the full rent or cured the violation within the notice period, the grounds evaporate; receipts and records win.
- Habitability defense. A landlord’s failure to maintain a habitable unit can be raised as an affirmative defense in a nonpayment case, and may reduce or offset what is owed.
- Retaliation. An eviction within 180 days of protected tenant activity is presumed retaliatory under Civil Code section 1942.5.
- Discrimination. An eviction motivated by a protected class under fair-housing law, including a lawful source of income such as a housing voucher, is unlawful.
- Filed too early. Filing the unlawful detainer before the notice period fully expired is grounds for dismissal.
Showing up is the tenant’s biggest lever
The fastest path to a landlord judgment is a tenant who never responds — a default. A tenant who files a timely response and appears forces the landlord to prove every element and opens the door to all of these defenses. For landlords, the lesson is the mirror image: assume the tenant will appear and contest, and make sure the notice and service are flawless.
Takeaway
An eviction within 180 days of protected tenant activity is presumed retaliatory under Civil Code section 1942.5, and defective notice, bad service, timely payment or cure, habitability, and discrimination are all live defenses. The landlord’s best protection is a flawless notice and provable service.
Local Rules: Rent-Controlled and Just-Cause Cities
State law is the floor, not the ceiling. Many California cities layer additional eviction rules on top of AB 1482, and when a local ordinance is more protective, it controls. If the property sits in one of these jurisdictions, the local rules govern how a landlord may evict, and skipping them is its own fatal defect.
Jurisdictions with their own just-cause or rent-stabilization systems include, among others, Los Angeles, San Francisco, Oakland, Berkeley, San Jose, and Santa Monica. Their ordinances commonly require a landlord to state one of a defined list of allowable reasons for eviction, use specific notice language, file a copy of the notice with a local rent board, and pay relocation amounts that exceed the AB 1482 one-month figure for a no-fault removal. Some require the landlord to register the unit before any eviction can proceed.
Check the ordinance for the exact address
Local coverage can vary block by block and by build date, and a notice that satisfies state law can still violate a city ordinance. Before serving any notice on a unit inside a rent-controlled or just-cause city, confirm the local requirements for that specific address — the allowable reasons, the notice format, any rent-board filing, and the local relocation amount.
Takeaway
In rent-controlled and just-cause cities such as Los Angeles, San Francisco, and Oakland, local ordinances add allowable-reason lists, notice-filing rules, and larger relocation payments on top of AB 1482 — and the more protective rule controls. Verify the ordinance for the property’s exact address before serving.
No Self-Help: Lockouts Are Illegal
One rule admits no exceptions: in California, a landlord may never remove a tenant by self-help, no matter how far behind the rent is or how egregious the conduct. Under Civil Code section 789.3, a landlord may not change the locks, shut off water, gas, or electricity, remove doors or windows, or take a tenant’s belongings in order to force a move.
The penalties are steep and personal to the landlord. A landlord who violates section 789.3 is liable for the tenant’s actual damages plus a penalty of up to one hundred dollars for each day the violation continues, with a statutory minimum per violation, and may owe the tenant’s attorney fees. A self-help lockout can turn a routine, winnable eviction into a lawsuit the landlord loses — and pays for. The only lawful way to remove a tenant is the court process ending in a sheriff-executed writ of possession.
Takeaway
Self-help eviction is illegal under Civil Code section 789.3: no lock changes, no utility shutoffs, no removing belongings. Violators owe actual damages plus up to one hundred dollars per day and attorney fees. The only lawful removal is a sheriff-executed writ after a court judgment.
The California Landlord Playbook
Put the whole framework into a repeatable sequence and an eviction becomes a disciplined, winnable process instead of a gamble. Follow these steps every time.
Pin down the ground and the right notice
Decide whether this is nonpayment, a curable breach, severe incurable conduct, or a no-fault termination — then choose the matching notice (pay-or-quit, cure-or-quit, unconditional quit, or 30/60-day). Using the wrong notice is a fatal defect.
Confirm whether just cause applies
If the tenant has occupied a covered unit for 12 months or more, apply AB 1482 just cause under Civil Code section 1946.2, and for a no-fault removal, budget one month’s rent in relocation assistance to be paid within 15 days.
Get the content exact
State the tenant name, address, and precise reason. For pay-or-quit, demand only the rent actually due and include the name, phone, and address for payment plus in-person days and hours. Date and sign it.
Count the days correctly
For the three-day notices, count court days, excluding weekends and judicial holidays; for no-fault, count 30 or 60 calendar days and add time for mailing. Never file before the last day passes.
Serve under section 1162 and keep proof
Use personal, substituted, or post-and-mail service, in that order of preference, and complete a proof of service. Then, if the tenant does not comply, file the unlawful detainer — and let the sheriff execute any writ.
Need the notice itself?
A ready-to-fill notice keeps the required fields in place. See our free California 3-day notice to pay rent or quit form, the 3-day notice to cure or quit, the 3-day unconditional quit notice, and the California notice to vacate. Always tailor the details to your unit and verify current law.
Defensible Versus Fatal: Common Scenarios
✓ Usually Defensible
- Exact pay-or-quit. A three-day notice demanding only the past-due rent, with the payment name, phone, and address, counted in court days and served personally.
- Specific cure-or-quit. A notice naming the precise lease breach and giving three court days to fix it, with the tenant failing to cure.
- Documented no-fault with relocation. A 60-day notice to a tenant of over a year, with one month’s relocation paid within 15 days under AB 1482.
- Sheriff-executed writ. Waiting for the judgment and letting the sheriff post and remove — never a personal lockout.
✕ Likely Fatal
- Overstated rent. A pay-or-quit notice demanding more than the rent actually owed, or adding unauthorized fees.
- Filed too early. Filing the unlawful detainer before the three court days have fully run.
- Bad service. Taping the notice to an exterior door with no mailing, or emailing or texting it instead of using section 1162.
- Self-help lockout. Changing the locks or shutting off utilities — illegal under Civil Code section 789.3, with per-day penalties.
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Frequently Asked Questions
How many days is a California eviction notice?
It depends on the reason. For nonpayment of rent, a landlord serves a three-day notice to pay rent or quit under Code of Civil Procedure section 1161(2), and those three days exclude Saturdays, Sundays, and other judicial holidays, so it is really three court days. A curable lease violation uses a three-day notice to cure or quit under section 1161(3). Severe conduct such as a nuisance, waste, an unlawful use of the property, or unlawful subletting uses a three-day unconditional quit notice under section 1161(4) with no chance to cure. A no-fault termination of a month-to-month tenancy uses a 30-day notice if the tenant has lived there less than one year, or a 60-day notice if a year or more, under Civil Code section 1946.1. Always verify current law before serving.
Are the three days in a California pay-or-quit notice calendar days or business days?
Business days. Code of Civil Procedure section 1161(2) states that the three days exclude Saturdays, Sundays, and other judicial holidays. The count begins the day after the notice is served, and a weekend or court holiday that falls inside the window does not count against the tenant. Because a long weekend can stretch a three-day notice across five or more calendar days, a landlord who files an unlawful detainer too early, before the last court day has passed, hands the tenant a complete defense.
Does California require just cause to evict?
For most tenants who have lived in a covered unit for 12 months or more, yes. Under the Tenant Protection Act of 2019 (AB 1482), codified at Civil Code section 1946.2, a landlord generally may end such a tenancy only for a stated at-fault just cause, such as nonpayment or a lease breach, or a no-fault just cause, such as an owner move-in or a substantial remodel. A no-fault removal requires the landlord to provide relocation assistance equal to one month of rent, or waive one month’s rent, within 15 days of serving the notice. Single-family homes and condos that are not corporate-owned and that carry the required written exemption notice can be exempt. Confirm coverage before you act.
What makes a California eviction notice defective?
Common fatal defects include an oral notice instead of a written one, the wrong number of days, an amount demanded that is even slightly more than the rent actually due, a missing name, telephone number, or address of the person to whom rent must be paid, an unclear or missing property address, improper service that does not follow Code of Civil Procedure section 1162, and filing the unlawful detainer before the notice period has fully run. In a pay-or-quit notice especially, overstating the rent by any amount can void the notice, because the tenant is entitled to know the exact sum needed to keep the home.
How do you serve an eviction notice in California?
Code of Civil Procedure section 1162 allows three methods. First, personal service, by handing the notice to the tenant. Second, substituted service, by leaving a copy with a person of suitable age and discretion at the tenant’s home or workplace and also mailing a copy. Third, post-and-mail, by affixing a copy in a conspicuous place on the property and mailing a copy, used when the first two are not possible. Substituted service and post-and-mail are not complete until the mailed copy is sent, and courts generally add time for the mailing before the notice period is treated as satisfied.
Can a California landlord change the locks or shut off utilities to force a tenant out?
No. Self-help eviction is illegal under Civil Code section 789.3. A landlord may not change the locks, shut off water, gas, or electricity, remove doors or windows, or take a tenant’s belongings to force a move. A landlord who does so is liable for the tenant’s actual damages plus a penalty of up to one hundred dollars for each day the violation continues, with a statutory minimum. The only lawful way to remove a tenant is a court judgment in an unlawful detainer action, after which the sheriff executes a writ of possession.
How long does a California tenant have to respond to an eviction lawsuit?
Since Assembly Bill 2347 took effect on January 1, 2025, a tenant served with an unlawful detainer summons has 10 court days, excluding Saturdays, Sundays, and judicial holidays, to file a response such as an answer, a demurrer, or a motion to quash. This doubled the prior five-day window. When the tenant is served by substituted service, additional time is added. If the tenant does not respond in time, the landlord can request a default judgment, so the response deadline is critical for tenants.
Can a California landlord evict in retaliation?
No. Under Civil Code section 1942.5, a landlord may not evict, raise rent, or cut services because a tenant exercised a legal right, such as reporting a habitability problem to a code agency, requesting a needed repair, or organizing with other tenants. If the landlord acts within 180 days of the protected activity, the law presumes retaliation, and the burden shifts to the landlord to prove a legitimate, non-retaliatory reason. Retaliation is one of the strongest tenant defenses in an unlawful detainer case.
Can a landlord evict during a fixed-term lease in California?
Only for cause. During a fixed-term lease a landlord cannot use a simple 30 or 60-day no-fault notice to end the tenancy early. The landlord must have a ground such as nonpayment or a lease violation and serve the matching three-day notice, or wait until the term ends. Once a fixed lease expires and the tenant stays on as a month-to-month tenant covered by AB 1482, the just-cause rules of Civil Code section 1946.2 apply to any termination.
Do local rules change California eviction notices?
Yes. Rent-controlled and just-cause cities such as Los Angeles, San Francisco, Oakland, Berkeley, San Jose, and Santa Monica layer their own rules on top of state law, often requiring a specific list of allowable eviction reasons, extra notice language, filing the notice with a rent board, and larger relocation payments for no-fault removals. When a local ordinance is more protective, it controls. Always check the ordinance for the property’s exact address before serving a notice.
What is an unlawful detainer in California?
An unlawful detainer is the court lawsuit a landlord must file to evict a tenant after a notice period expires without the tenant curing or leaving. It is filed in the superior court for the county where the property sits. The tenant is served with a summons and complaint and has 10 court days to respond under Assembly Bill 2347. If the landlord wins, the court issues a judgment for possession and a writ of possession, which the sheriff, not the landlord, executes. There is no lawful eviction in California without this court process.
What is the safest way for a California landlord to serve an eviction notice?
Pick the correct notice for the ground, state the exact facts, and get the numbers precise. For nonpayment, demand only the rent actually due and include the name, telephone number, and address of the person to whom it is paid. Count the three days as court days, excluding weekends and holidays. Serve by a method authorized under Code of Civil Procedure section 1162 and keep proof of service. Confirm whether just cause under AB 1482 applies, and never resort to a lockout. A clean notice is the foundation of a winning unlawful detainer case.
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