Notices

Serving the correct notice, correctly, is the foundation of any lawful termination. A defective notice — wrong amount, wrong form, improper service — can cause an unlawful detainer case to be dismissed and force you to start over.

The Two-Notice Rule for Curable Violations

At properties covered by AB 1482, for at-fault causes that are curable lease violations, two notices are required: first a notice giving the tenant an opportunity to cure, and only if the violation is not corrected, a second "final" three-day notice to quit without opportunity to cure.

Types of Termination Notices

• Three-Day Notice to Pay Rent or Quit — for nonpayment. The notice must state only the past-due rent (no late fees, utilities, or interest — overstating the amount makes the notice ineffective), plus the name, address, and phone number of the person to be paid.
• Three-Day Notice to Perform Covenants or Quit — for curable violations other than rent, such as an unauthorized pet. Must describe the violation and give the tenant the option to correct it.
• Three-Day Notice to Quit — for serious, non-curable violations. Orders the tenant to leave with no opportunity to cure.
• 30-Day, 60-Day, or 90-Day Notice to Quit — for ending periodic (such as month-to-month) tenancies. Which notice period applies depends on the tenancy:
  • 30 days — when every tenant has lived in the unit for less than one year. At that point the tenancy is typically not yet covered by just cause requirements, so no reason needs to be stated (the termination still cannot be retaliatory or discriminatory).
  • 60 days — when any tenant has lived in the unit for one year or more. If the unit is covered by state or local just cause requirements — as most are at this point — the notice must also include a written statement of the just cause, and a no-fault termination requires relocation assistance.
  • 90 days — for Section 8 Housing Choice Voucher and other government-subsidized tenancies. A copy of the notice must be given to the public housing agency at the same time.

Serving Notices

Three-day notices may be served by personal delivery; by substituted service (leaving the notice with a responsible person at home or work and mailing a copy) after attempting personal service; or by posting and mailing as a last resort. 30/60/90-day notices may also be sent by certified or registered mail with return receipt requested.

Be careful counting the days: for notices with an opportunity to cure, weekends and court holidays do not count. If the tenant cures within the notice period, the tenancy continues.

If the notice period expires without cure or move-out, your only lawful remedy is an unlawful detainer lawsuit. Self-help evictions — changing locks, shutting off utilities, removing doors or belongings — are illegal and expose you to actual damages plus penalties of up to $100 per day.

See Exemptions for properties not subject to the just cause requirement.