California Eviction Notice Forms

Last Updated: December 22, 2021 by Elizabeth Souza

A California eviction notice form for nonpayment of rent is a written document that states a tenant has 3 days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in California.

Types of California Eviction Notices

Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.

Grounds Time Curable?
Unpaid Rent 3-Day Yes
Lease Violation 3-Day Yes
Lease Termination 30/60-Day No
Foreclosure 90-Day No
Illegal Activity 3-Day No

3-Day Notice to Pay (Nonpayment of Rent)

A landlord is allowed to evict a tenant for failing to pay rent on time.

According to California law, rent is late the day after it’s due. Any grace periods are addressed in the lease/rental agreement.

Once rent is past due, the landlord must provide a 3-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 3 days to avoid eviction.

However, the eviction notice must not include any amount owed other than rent (like late fees, interest, etc.).

If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.

The Eviction Notice for Nonpayment of Rent should include:

  • How much time the tenant has to pay past-due rent.
  • The total amount of past-due rent owed.
  • Name, phone number, and address of person to whom rent is due; and
  • And the days/hours the person is available to receive the payment; or
  • The account number and address of the financial institution at which payment may be made; or
  • The electronic funds transfer information for payment (if rent payments have been accepted via this method before).

It should be noted that providing the financial institution’s address and account number may only be done if the financial institution is within five miles of the rental unit, according to the California Code of Civil Procedure.

Get the downloadable 3-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).

3-Day Notice to Cure or Vacate (Non-Compliance)

A tenant can be evicted in California if they do not uphold their responsibilities under the terms of a written lease/rental agreement.

California landlords are required to provide tenants with a 3-Day Notice to Comply, giving tenants 3 days to correct the issue or move out of the rental unit.

Typical lease violations could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

Some violations may not be curable, such as non-criminal nuisances.

The notice must include:

  • The specific lease violation(s); and
  • What the tenant can do to remedy the violation.

If the tenant remains on the property after the notice period expires without correcting the violation, the landlord may proceed with the eviction process.

Get the downloadable 3-Day Eviction Notice for Noncompliance form template below (.pdf direct link).

30/60-Day Lease Termination Notice (No Lease/End of Lease)

In the state of California, landlords in rent-controlled cities are not allowed to terminate a tenancy without cause and cannot evict rent-controlled tenants simply because the rental period has ended.

In all other areas, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord may pursue an eviction action and provide notice as indicated below.

For periodic tenancies, landlords are required to give a lease termination notice before moving forward with the eviction process. The amount of time required in the notice depends on the length of tenancy.

  • Less Than One Year – If a periodic tenant has lived in the rental unit for less than one year, a landlord must provide the tenant with a 30-Day Notice to Quit.
  • One Year or More – If a periodic tenant has lived in the rental unit for a year or more, the landlord must provide the tenant with a 60-Day Notice to Quit.

The notice should include the date the tenancy will terminate.

Notice is not needed prior to eviction for:

  • Expired fixed-term leases; or
  • Situations where the rental unit is part of a job package, and the tenant loses the job or quits.

Get the downloadable 30-Day Lease Termination Notice Form template below (.pdf direct link).

Get the downloadable 60-Day Lease Termination form template below (.pdf direct link).

90-Day Notice to Quit (Foreclosure)

A tenant can be evicted in California if the rental property is being foreclosed upon, and the tenancy will not be continued.

For rental property foreclosures, the landlord is required to give tenants 90 days’ written notice prior to beginning an eviction action.

Tenants being evicted due to sale or foreclosure must move out, and do not have the option to “cure” an issue in order to stay. The notice should include the date the tenancy will terminate and the required “move out” date.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Get the downloadable 90-Day Eviction Notice for Foreclosure form template below (.pdf direct link).

3-Day Notice to Quit (Illegal Activity)

Tenants who are involved in illegal activity must be given 3 days’ prior written notice before the landlord can proceed with an eviction action.

Illegal activity includes:

  • Nuisance;
  • Criminal threats or activity;
  • Unlawful business activity;
  • Manufacture, cultivation, importation, transportation, possession, sale, furnishing, administering or giving away: cocaine, phencyclidine, heroin, methamphetamine, or any other controlled substance;
  • Providing or “fortifying” a place for any of the illegal drug activity noted above;
  • Illegal use, manufacture, importation, possession, sale of a firearm, ammunition, assault weapon, .50 BMG rifle, or tear gas weapon;
  • Dogfighting; or
  • Cockfighting.

In these instances, tenants do not have the opportunity to correct the issue and must move out. The notice should include the date the tenancy will terminate and the “move out” date.

Get the downloadable 3-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).

What to Include in California Eviction Notices

Under California law, a landlord is expected to provide some basic information on all eviction notices, including :

  • The reason for the eviction;
  • What the tenant can do to correct the issue and avoid eviction (i.e. pay rent, comply with lease provisions, fix damage to unit caused by the tenant); and
  • How much time the tenant has to correct the issue (if given that option).

It may be a good idea to ensure that the notice also includes the name and contact information of the person being evicted, just to be sure the correct person receives the notice.

The landlord may also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.

In addition, the landlord should keep the receipt number if the notice was delivered by certified or registered mail.

 Delivering Eviction Notices in California

In the state of California, landlords can deliver an eviction notice by any of the following methods:

  • Giving it to the tenant in person;
  • Leaving the notice with someone of “suitable” age and discretion AND mailing a copy to the tenant via regular mail;
  • Posting the notice in a conspicuous place on the rental unit AND leaving a copy with someone “suitable” (if possible) AND mailing a copy to the tenant via regular mail; or
  • Mailing a copy to the tenant via certified or registered mail (for 30/60-day notices only).

Note that landlords are not required to use certified or registered mail under California law, but may choose to do so.

Eviction Process in California

  1. An eviction notice is posted by the landlord to vacate or “cure” the issue.
  2. If the tenant does not vacate when required to do so, a Complaint and Summons is filed by the landlord with the county court and served to the tenant.
  3. An answer is filed.
  4. A hearing is held and judgment issued.
  5. If an eviction granted, a Writ of Execution is posted at the property, giving the tenant final notice to remove their belongings.
  6. Finally, the sheriff returns the possession of property to landlord.

To learn more about the eviction process in California, click here.

Sources