In California, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in California?
In California, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in California?
In California, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 3 Day Notice to Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in California, rent is late starting the day after it’s due.
Acceptable Forms of Service in California
California landlords may deliver an initial written eviction notice through any of the following methods:
- Hand delivery to the tenant
- If the tenant is absent from the residence and the tenant’s usual place of business: Hand delivery to a person of suitable age at either the residence or usual place of business, PLUS delivery by mail to the tenant’s residence
- If all forms of hand delivery fail: Posting the notice to a conspicuous place on the property, PLUS delivery by mail to the property, addressed to the tenant, PLUS (if possible) handing the notice to a person residing on the property
California considers service by mail to take place five (5) calendar days after mailing.
Obtaining Proof of Service in California
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Mail – via return receipt or certificate of mailing, plus completing a Declaration of Service at the time of mailing
- Posting at the Premises – by taking a photograph and completing a Declaration of Service at the time of delivery
California Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 3 Day Notice To Quit | Eviction for Unpaid Rent |
| 3 Day Notice To Perform Covenants or Vacate | Eviction for Lease Violation |
| 3 Day Notice To Vacate | Eviction for Illegal Activity |
| 30 Day Notice To Vacate | Ending a Tenancy of Less than 1 Year |
| 60 Day Notice To Vacate | Ending a Tenancy or More than 1 Year |
| Lease Termination for No Fault Just Cause | Ending a Tenancy of More than 1 Year
(No Fault Just Cause) |
Sources
- 1 Cal. Code Civ. Proc. § 1162
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The notices required by Sections 1161 and 1161a may be served by any of the following methods:
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.
(3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.
Source Link - 2 Cal. Code Civ. Proc. § 1013(a)
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Source Link
Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court.
