Eviction notice rules in California
Nonpayment notice
3-day pay or quit (CCP §1161(2)). Notice must state the exact rent owed and give the name, phone number, address, and available days/hours for payment.
Lease-violation notice
3-day cure or quit for curable breaches (CCP §1161(3)) — the notice must describe the specific breach and what to do to fix it; vague notices are a defense.
Unconditional quit (no second chance)
3-day quit, no cure, for nuisance, waste, or unlawful use of the premises (CCP §1161(4)).
No-cause / end-of-tenancy notice
30 days (<1 year tenancy) / 60 days (1yr+) (Civ. Code §1946.1) — BUT for covered properties just cause is required after 12 months (Civ. Code §1946.2, Tenant Protection Act); no-fault evictions (owner move-in, etc.) require one month's relocation assistance.
How the notice must be served
Personal delivery; if tenant absent, substituted service (leave with a person of suitable age at residence or workplace + mail a copy); if neither is possible, post on the premises + mail (CCP §1162). A defectively prepared or served notice is invalid — the UD is dismissed and the landlord must serve a new notice.
Your right to fix it (cure)
Nonpayment (pay in full within 3 days) and curable lease breaches (perform within 3 days). For tenancies covered by §1946.2, the landlord must first give a cure notice for any curable violation before any unconditional notice.
How days are counted
Day 1 is the day after service (Civ. Code §10). The 3-day period excludes weekends and judicial holidays. 30/60-day notices run on calendar days.
After the notice expires
Landlord must file an unlawful detainer action in Superior Court. The tenant does NOT have to leave when the notice expires — only a court judgment plus a sheriff-enforced writ of possession (CCP §715.020) can remove the tenant. Self-help lockouts and utility shutoffs are illegal.
Court timeline
Tenant has 5 days to respond after service of summons/complaint (CCP §1167); trial within 20 days of the request (CCP §1170.5); full process typically 30-45+ days before judgment.
Retaliation & defenses
Retaliation barred within 180 days of the tenant exercising rights (Civ. Code §1942.5); discrimination defenses under FEHA and the federal FHA.
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