Notices

An eviction begins with a written notice. Which notice is used — and what options it gives the tenant — depends on the reason for the termination.

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

Types of Notices

• Three-Day Notice to Pay Rent or Quit — pay the past-due rent within three days or move out. The notice may demand only actual past-due rent (not late fees or other charges) and must say who to pay and where. Paying the full amount within the period continues the tenancy.
• Three-Day Notice to Perform Covenants or Quit — fix a lease violation within three days or move out. Correcting the problem within the period continues the tenancy.
• Three-Day Notice to Quit — move out within three days; used for serious violations the law treats as non-curable.
• 30-Day, 60-Day, or 90-Day Notice to Quit — used to end a periodic (such as month-to-month) tenancy. Which notice period applies depends on the tenancy:
  • 30 days — when every tenant has lived in the unit for less than one year. The tenancy is typically not yet covered by just cause requirements at that point, so no reason needs to be stated — though 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 rules — as most are by then — the notice must also state the just cause, and a no-fault termination comes with relocation assistance equal to one month's rent.
  • 90 days — for Section 8 Housing Choice Voucher and other government-subsidized tenancies. The housing agency must receive a copy of the notice at the same time.

For three-day notices with an opportunity to pay or cure, weekends and court holidays do not count toward the three days.

After the Notice Period

A notice by itself does not end the right to occupy the unit. If the notice period passes without payment, cure, or move-out, the landlord's only lawful next step is filing an unlawful detainer lawsuit; only a court can order an eviction, and only the sheriff can carry one out. Lockouts, utility shutoffs, and removal of belongings without a court order are unlawful. A tenant served with an unlawful detainer complaint has 10 court days to file a written response — the California Courts self-help center explains the process.

See Exemptions for properties not covered by the just cause requirement.