In California, the eviction process starts with a written notice to the tenant. You cannot file an unlawful detainer (UD) lawsuit without first serving the right notice and waiting for the cure period to pass. Getting the notice wrong — wrong type, wrong timeline, wrong service method — means the UD gets dismissed and you start over.
Here is how the notice requirements work for each common situation.
Nonpayment of rent: 3-day notice to pay or quit
When a tenant does not pay rent, serve a 3-day notice to pay rent or quit. The notice must state the exact amount owed and give the tenant three days to pay the full amount or vacate.
The notice must include:
- The name(s) of the tenant(s)
- The address of the rental property
- The exact amount of rent due (not a vague “amount owed”)
- Where and how to pay (address, hours)
- A statement that the tenant must pay within 3 days or vacate
You cannot include late fees or other charges in the 3-day notice. Only the rent amount is permitted. Including extra amounts is a common mistake that makes the notice defective and can get the UD dismissed.
During the COVID-19 period, California extended some protections. Those rules have expired, but if you have a dispute involving unpaid rent from 2020 to 2023, there may be additional considerations.
Lease violation: 3-day notice to cure or quit
If a tenant is violating the lease — unauthorized pet, subletting without permission, noise violations — serve a 3-day notice to cure the violation or quit. The notice must describe the specific violation and give the tenant three days to fix it or leave.
The description of the violation must be specific enough that the tenant knows exactly what they need to do. “Violation of lease terms” without specifics is not adequate.
If the violation is not curable — the tenant has engaged in criminal activity or caused serious damage to the property — you can serve a 3-day notice to quit with no opportunity to cure.
No-fault termination: 30- or 60-day notice
If you are ending a tenancy without fault by the tenant — you want to move in, sell the property, or simply end a month-to-month tenancy — you must give:
- 30 days notice if the tenant has lived there for less than one year
- 60 days notice if the tenant has lived there for one year or more
AB 1482 just cause requirement. For properties covered by AB 1482 (the Tenant Protection Act of 2019), once a tenant has been in the unit for 12 months, the landlord must have a legally recognized “just cause” reason to terminate the tenancy. Simply deciding not to renew is not sufficient for covered properties. See California rent increase limits and AB 1482 for coverage details.
Local rent control ordinances in Los Angeles, San Francisco, and Oakland have their own just-cause requirements that are stricter than AB 1482. If your property is in one of those cities, follow the local ordinance.
How to serve the notice
Service must be done in one of these ways — personal delivery is the most reliable, but the law accepts alternatives:
- Personal delivery: Hand the notice directly to the tenant.
- Substituted service: If the tenant is not home, leave the notice with someone of suitable age and discretion at the property AND mail a copy the same day.
- Post and mail (“nail and mail”): If no one is home, post the notice on the front door AND mail a copy the same day. This method adds three days to the notice period.
Keep proof of service. A process server’s declaration or a written record of personal delivery (date, time, who received it) is important if the matter goes to court.
Common notice mistakes
Wrong amounts on the 3-day pay-or-quit notice. Including late fees, utilities, or anything other than base rent makes the notice defective.
Vague violation descriptions. “You are in violation of your lease” is not adequate for a cure-or-quit notice. Name the specific provision and the specific conduct.
Wrong notice period. A 30-day notice for a tenant who has lived there 14 months should be 60 days.
Improperly counted days. The notice period is calendar days, not business days. The day of service does not count — day one is the day after service.
Not keeping proof of service. Without documentation of how and when you served the notice, the UD action is harder to prove.
After the notice period expires
If the tenant does not pay, cure the violation, or vacate by the end of the notice period, you can file an unlawful detainer lawsuit with the Superior Court. The UD process has its own procedural requirements, including specific forms and a brief timeline for the tenant to respond. Most landlords in contested matters use an attorney or an eviction service for the UD filing.
General information, not legal advice
California eviction law is technical, and procedural errors are hard to recover from. If you are dealing with a contested eviction or a tenant who has filed a response, consult a California attorney or landlord association before proceeding.
- CCP § 1161(2) 3-day notice to pay rent or quit (nonpayment) View official source ↗
- CCP § 1161(3) 3-day notice to cure lease violation or quit; or unconditional 3-day quit for incurable violations View official source ↗
- Civil Code § 1946.1 30-day notice (tenancy under 1 year); 60-day notice (1 year or more) View official source ↗
- Civil Code § 1946.2 AB 1482 just-cause requirement for covered properties after 12 months of tenancy View official source ↗
Frequently asked questions
What notice does a landlord give for nonpayment of rent in California?
A 3-day notice to pay rent or quit, served in writing. The notice must state the exact amount of base rent owed (no late fees or other charges), and give the tenant three days to pay or vacate. The cure period starts the day after service.
How many days notice is required to evict a tenant in California?
It depends on the reason. Nonpayment and lease violations require a 3-day notice first. No-fault terminations require 30 days for tenancies under one year and 60 days for tenancies of one year or more. Properties covered by AB 1482 have additional just-cause requirements for tenants who have been there 12+ months.
Can I include late fees in a California 3-day notice to pay or quit?
No. Only the amount of rent actually owed belongs in the notice. Including late fees, utilities, or other charges makes the notice defective and can result in the eviction case being dismissed.
What happens if I use the wrong eviction notice in California?
The unlawful detainer case will likely be dismissed and you will have to start over with the correct notice. This delays the process by weeks. Getting the notice type, amounts, and service method right the first time is essential.
Do I need just cause to evict a tenant in California?
For properties covered by AB 1482, yes, once the tenant has been there 12 months or more. For properties not covered by AB 1482 (such as single-family homes with the required exemption notice), no-fault terminations are permitted with proper notice. Local ordinances in Los Angeles, San Francisco, and Oakland add their own just-cause requirements.
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