A California eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. California landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of California Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 3 Day Notice To Quit | Unpaid Rent | Yes |
| 3 Day Notice To Perform Covenants or Vacate | Lease Violation | Yes |
| 3 Day Notice To Vacate | Illegal Activity | No |
| 30 Day Notice To Vacate | Tenancy of Less than 1 Year | No |
| 60 Day Notice To Vacate | Tenancy of 1 Year or More | No |
| Lease Termination No Fault Just Cause | No Fault Just Cause | No |
California 3 Day Notice To Quit
A California 3 Day Notice To Quit evicts a tenant for nonpayment of rent. In California, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within three (3) judicial days (not counting weekends or court holidays).
Los Angeles COVID-19 Resolution Protections
Los Angeles landlords must serve a 30 Day Notice To Quit for residential tenants and mobile home space renters who have past due rent from July 1, 2022 – March 31, 2023 due to COVID-19 financial hardship. This requires that the tenant receive the notice at least thirty (30) calendar days before the date of termination. Tenants at or below 80% of average median income for the county qualify for this notice.
Los Angeles residential tenants and mobile home space renters may respond by providing the landlord with a 7 Day Notice of Inability To Pay Rent Due To Covid-19 Financial Hardship, at least seven (7) calendar days before the date of termination in the landlord’s 30 Day Notice To Quit. Tenants qualify for this response when they have lost at least 10% of their monthly income or had monthly expenses increase by 7.5% between July 1, 2022 – March 31, 2023.
California 3 Day Notice To Perform Covenants or Vacate
A California 3 Day Notice To Perform Covenants or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant may get a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action or else move out within three (3) judicial days (not counting weekends or court holidays) of receiving notice.
Los Angeles COVID-19 Resolution Protections
Los Angeles landlords must serve a 30 Day Notice To Perform Covenants or Vacate if residential tenants or mobile home space renters allowed unauthorized occupants or pets on the premises for certain reasons between certain dates.
The notice applies when unauthorized occupants, or pets not on the lease, began residing in the rental unit between March 1, 2020 – January 20, 2023 due to COVID-19 financial hardship. Effective April 1, 2023, the tenant must receive notice at least thirty (30) calendar days before the landlord may file an unlawful detainer action.
California 3 Day Notice To Vacate
A California 3 Day Notice To Vacate evicts a tenant for illegal activity on the premises, such as possession of illegal drugs or threatening the health and safety of other persons. The tenant is not allowed an opportunity to take corrective action, and must move out within three (3) judicial days (i.e., not counting weekends or court holidays) of receiving notice.
California 30 Day Notice To Vacate
A California 30 Day Notice To Vacate terminates any tenancy of less than one (1) year, regardless of rent payment frequency, as well as an expired lease, a situation with no lease, and properties under contract for sale which meet the state legal requirements. Tenants may also use this form as notice of non-renewal for a lease. The non-terminating party must receive notice at least thirty (30) days before the date of termination.
California 60 Day Notice To Vacate
A California 60 Day Notice To Vacate terminates an expired lease, or a tenancy of one (1) year or more which has met the standards for legal exemption under California law. The tenant must receive notice at least sixty (60) calendar days before the date of termination.
California Lease Termination for No Fault Just Cause
A California Lease Termination for No Fault Just Cause terminates a tenancy of one (1) year or more when the landlord has a just cause for doing so in accordance with the Tenant Protection Act of 2019. The tenant must receive notice at least sixty (60) calendar days before the date of termination.
How To Write an Eviction Notice in California
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in California
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
How To Serve an Eviction Notice in California
California landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the other party
- Hand delivery to a person of suitable age on the property who can accept the notice on behalf of the tenant, PLUS delivery by registered or certified mail
- Posting to a conspicuous place at the premises, such as the entry door, PLUS delivery by registered or certified mail
Mailed notice extends the notice period by five (5) calendar days, to account for variable delivery times.
Sources
- 1 Los Angeles County Covid-19 Tenant Protection Resolution
-
For residential tenants and mobile home space renters who utilized the County’s non-payment of rent protections between July 1, 2022 and March 31, 2023:
- Protected against eviction for No-Fault evictions reasons, except for qualified Owner Move-in
- Anti-harassment and retaliation protections during the Resolution’s protection periods
- Starting April 1, 2023, landlords are required to serve tenants with a written 30-Day Notice prior to filing an eviction based on nonpayment of rent for rent accrued between July 1, 2022 and March 31, 2023.
What Should Tenants Do If They Are Unable to Pay Rent Through March 31, 2023?
If qualifying tenants are unable to pay rent, they must notify their landlord within seven (7) days of the rent being due, unless extenuating circumstances exist.
Who Qualifies for Nonpayment of Rent Protections?
Residential tenants and mobile home space renters with household incomes at or below 80% of the Area Median Income (AMI) are protected for nonpayment of rent due to a COVID-19 financial hardship for rent owed between July 1, 2022 and March 31, 2023.
In addition to the AMI threshold, residential tenants and mobile home space renters must have experienced a substantial loss of monthly household income of at least 10% and/or have increased unreimbursed monthly household costs of more than 7.5% in order to be protected against eviction for non-payment of rent between July 1, 2022 and March 31, 2023. Tenants who fulfill the requirements under the Resolution may have an affirmative defense to an Unlawful Detainer (eviction) action.
Source Link - 2 Los Angeles County Covid-19 Tenant Protections
-
For residential tenants and mobile home space renters with unauthorized occupants or pets due to COVID-19 who began residing in the unit between March 1, 2020 and January 20, 2023:
-
-
- Starting April 1, 2023, landlords are required to serve tenants with a written 30-Day Notice prior to filing an eviction based for the presence of unauthorized occupants or pets.
-
-
- 3 CA Civ Pro Code § 1161
-
When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.
Source Link - 4 CA Civ Pro Code § 1162
-
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 - 5 California - Notice Delivery by Mail
-
For “service by mail”:
- Service by mail is complete 5 days after the papers are mailed
