A California eviction notice form is an official legal document provided to tenants instructing them to comply with the terms of the rental agreement or vacate the premises. In California, eviction notices are delivered for unpaid rent, lease violations or illegal conduct on 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 | Incurable Breach | 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 form is used for an eviction for nonpayment of rent. The tenant has the option to pay the rent balance due or move out and deliver possession of the premises within three (3) judicial days (not counting weekends or court holidays).
California 3 Day Notice to Perform Covenants or Vacate
A California 3 Day Notice to Perform Covenants or Vacate form is used for an eviction for curable lease violations. Examples of lease violations include damaging the rental unit, refusing to allow the landlord access to the premises or failing to maintain the premises in a clean and sanitary manner. The tenant can fix the violation or vacate the premises within three (3) judicial days (not counting weekends or court holidays).
California 3 Day Notice to Vacate
A California 3 Day Notice to Vacate form is used for an eviction for illegal conduct on the premises, such as possession of illegal drugs or threatening the health and safety of other persons. The tenant cannot remain on the premises and must move out within three (3) judicial days (not counting weekends or court holidays).
California 30 Day Notice to Vacate
A California 30 Day Notice to Vacate form is used by either party to terminate any tenancy of less than one (1) year, regardless of the rent payment frequency. This lease termination letter may also be used by tenants as a notice of non-renewal of a lease or for tenants with an expired lease. Landlords may also use the 30 Day Notice to Vacate if the rental premises is under a sales contract and meets the provisions specified in the state statute.
Either party must deliver this termination letter at least thirty (30) calendar days prior to the expiration of the lease or the termination date set forth in the notice.
California 60 Day Notice to Vacate
A California 60 Day Notice to Vacate form may only be used by a landlord if the rental unit meets the legal exemptions under California Law for tenancies of one (1) year or more or for tenants with an expired lease. The tenant may use this notice to terminate a tenancy of one (1) year or more, including a month-to-month lease. This letter must be served by either party at least sixty (60) calendar days prior to the end of the lease or before the termination date set forth in the notice.
California Lease Termination for No Fault Just Cause
A California Lease Termination for No Fault Just Cause form is used only by landlords, for a tenancy of one (1) year or more, in accordance with the Tenant Protection Act of 2019. The amount of notice required for a landlord to give tenants is at least sixty (60) calendar days.
How a Landlord Uses Lease Termination Notices in California
For at fault just cause (i.e. unpaid rent or lease violations), the landlord shall provide the tenant with an eviction notice rather than a lease termination notice.
For no fault just cause (i.e. substantial remodel or demolition work) in tenancies of one (1) year or more, the landlord should only use the California Lease Termination Notice for No Fault Just Cause
California 30 Day Notice to Vacate
This form is used to terminate a tenancy of less than one (1) year, regardless of the rent payment frequency, in the following situations:
- If the landlord is ending a tenancy of less than one (1) year, including a month-to-month lease; or
- If the landlord’s has contracted to sell the rental dwelling with an established escrow and provisions are met under the state statute.
For all tenancy types referenced above with more than one (1) adult household member, the length of the tenancy is based on the tenant that has resided in the rental unit the longest.
The landlord shall deliver the notice to the tenant at least thirty (30) calendar days prior to the termination date set forth in the notice or before the expiration of the lease.
California 60 Day Notice to Vacate
This lease termination form is used to terminate a tenancy of one (1) year or more, regardless of the rent payment frequency, that meet the legal exemptions under the Tenant Protection Act:
- If the landlord owns and occupies a single family residence, which include the following:
- A residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit; or
- A mobile home.
- If the landlord has a property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
- If the landlord has housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income.
- If the landlord has housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobile home.
- If the landlord has residential real property, including a mobile home, that is alienable separate from the title to any other dwelling unit, provided that the following apply:
- The owner is not any of the following: a real estate investment trust, a corporation or an LLC in which at least one member is a corporation.
Landlords shall adhere to local ordinances that require “just cause” to terminate a tenancy as long as the ordinance is more protective than state law.
The landlord shall provide the tenant with the lease termination letter at least sixty (60) calendar days prior to the end date specified in the notice or before the expiration of the lease.
California Lease Termination for No Fault Just Cause
This notice form is used only by landlords to terminate a tenancy of one (1) year or more for the following reasons:
- If the landlord withdraws the rental property from the housing market;
- If the landlord or landlord’s immediate family plan to occupy the rental premises;
- If the landlord is conducting a substantial remodel that will take more than thirty (30) days;
- If the landlord plans to do demolition work or intends to demolish the premises;
- If the landlord is complying with a local ordinance; or
- If the landlord is required to end a tenancy due to an order set forth by a court or government agency relating to habitability.
The amount of notice required for the above no fault just cause reasons is at least sixty (60) calendar days.
The landlord must offer relocation assistance or a rent waiver to tenants to remain in compliance with California law. The rent waiver or the relocation assistance amount is equal to one (1) month of rent.
If the landlord has rental housing in Los Angeles county, all no fault just cause lease termination notices must allow the tenant sixty (60) calendar days to vacate in accordance with the Los Angeles Municipal Code. In addition, the tenant has the first right of return, which gives them an opportunity to move back to the rental unit if they choose before the premises are advertised to any other prospective residents.
How a Tenant Uses Lease Termination Notices in California
California 30 Day Notice to Vacate
This legal letter is used to end a tenancy of less than one (1) year, regardless of the rent payment frequency, for the following reasons:
- If the tenant is ending any tenancy, including a month-to-month lease; or
- If the tenant is notifying the landlord of a non-renewal of the lease, regardless of tenancy length.
The tenant must deliver the termination letter to the landlord at least thirty (30) calendar days prior to the expiration of the lease or before the end date specified in the notice.
California 60 Day Notice to Vacate
This lease termination letter is used to end a tenancy of one (1) year or more, regardless of the rent payment frequency, if the tenant is ending any tenancy, including a month-to-month lease.
The tenant must provide the termination letter to the landlord at least sixty (60) calendar days before the termination date or at least sixty (60) calendar days prior to the expiration of the lease.
How to Write an Eviction Notice in California
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in California
In California, all eviction notices take effect the day after they are served. During the notice period, only judicial days are counted, so weekends and court holidays are excluded. If the last day of the notice period falls on a weekend or court holiday, then the notice will not officially expire until the end of the next judicial day (a day when the courthouse is open).
How to Serve an Eviction Notice in California
A landlord can deliver notices in California using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age at the property AND mailing the notice by certified or registered mail with a return receipt;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add five (5) additional calendar days to the notice period to account for variability in post office delivery times.
Sources
- 1 CA Civ Code § 1946/1946.1
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Tenancies from month to month, either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. The owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.
An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if all of the following apply:
(1) The dwelling or unit is alienable separate from the title to any other dwelling unit.
(2) The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a title insurer or an underwritten title company, as defined in Sections 12340.4 and 12340.5 of the Insurance Code, respectively, a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.
(3) The purchaser is a natural person or persons.
(4) The notice is given no more than 120 days after the escrow has been established.
(5) Notice was not previously given to the tenant pursuant to this section.
(6) The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.
(e) After an owner has given notice of his or her intention to terminate the tenancy pursuant to this section, a tenant may also give notice of his or her intention to terminate the tenancy pursuant to this section, provided that the tenant’s notice is for a period at least as long as the term of the periodic tenancy and the proposed date of termination occurs before the owner’s proposed date of termination.
(f) The notices required by this section shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail.
(g) This section may not be construed to affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction.
(h) Any notice given by an owner pursuant to this section shall contain, in substantially the same form, the following:
“State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.”
Source Link - 2 CA Civ Code § 1946.1
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An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.
This section shall not apply to the following types of residential real properties or residential circumstances which are exempt:
(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.
(2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
(3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
(4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
(5) Single-family owner-occupied residences, including both of the following:
(A) A residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
(B) A mobile home.
(6) A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
(7) Housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobile home.
(8) Residential real property, including a mobilehome, that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
(A) The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
(iv) Management of a mobilehome park, as defined in Section 798.2.
(B) (i) The tenants have been provided written notice that the residential property is exempt from this section using the following statement:“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
(ii) (I) Except as provided in subclause (II), for a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(II) For a tenancy in a mobile home existing before July 1, 2022, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(iii) (I) Except as provided in subclause (II), for any tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement.
(II) For any tenancy in a mobile home commenced or renewed on or after July 1, 2022, the notice required under clause (i) shall be provided in the rental agreement.
(iv) Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b).
(9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(f) An owner of residential real property subject to this section shall provide notice to the tenant as follows:
(1) (A) Except as provided in subparagraph (B), for any tenancy commenced or renewed on or after July 1, 2020, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
(B) For a tenancy in a mobile home commenced or renewed on or after July 1, 2022, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
(2) (A) Except as provided in subparagraph (B), for a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.
(B) For a tenancy in a mobile home existing prior to July 1, 2022, by written notice to the tenant no later than August 1, 2022, or as an addendum to the lease or rental agreement.
(3) The notification or lease provision shall be in no less than 12-point type, and shall include the following:
“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.”
Source Link - 3 CA Civ Code § 1946.2
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No-fault just cause, which includes any of the following:
(A) (i) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
(ii) For leases entered into on or after July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobile home, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).
(B) Withdrawal of the residential real property from the rental market.
(C) (i) The owner complying with any of the following:
(I) An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
(II) An order issued by a government agency or court to vacate the residential real property.
(III) A local ordinance that necessitates vacating the residential real property.
(ii) If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
(D) (i) Intent to demolish or to substantially remodel the residential real property.
(ii) For purposes of this subparagraph, “substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.
(c) Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
(d) (1) For a tenancy for which just cause is required to terminate the tenancy under subdivision (a), if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the owner shall, regardless of the tenant’s income, at the owner’s option, do one of the following:
(A) Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3).
(B) Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.
(2) If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant of the tenant’s right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final month of the tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.
(3) (A) The amount of relocation assistance or rent waiver shall be equal to one month of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.
(B) If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.
(C) The relocation assistance or rent waiver required by this subdivision shall be credited against any other relocation assistance required by any other law.
(4) An owner’s failure to strictly comply with this subdivision shall render the notice of termination void.
Source Link - 4 Los Angeles Municipal Code 8.52.090 - No Fault Termination of Tenancy
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Sixty-Day Notice Period to Tenant. A Landlord must provide the Tenant sixty (60) days’ written notice that the Landlord intends to terminate the Tenancy. The Tenant may not waive the required sixty (60) days’ notice.
Tenant’s Right of First Return.
Return Within Three (3) Years. If a Landlord or Landlord’s Family Member ceases occupation of the Dwelling Unit within three (3) years after the final date of Tenancy, the Tenant of a Dwelling Unit is entitled to receive notice of the first right to return to rent the same Dwelling Unit at the Rent previously charged plus any annual Rent increases allowed under this Chapter. The Landlord must deliver the notice to the Tenant in a form approved by the Department.
Nothing in this Section shall be construed to relieve the Landlord of the obligation to directly contact the former Tenant and to advise the Tenant that the recovered Dwelling Unit will again be offered for Rent. Notice shall be on a form approved by the Department.
Source Link - 5 CA Civ Code § 1946.1
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An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.
Source Link - 6 CA Civ Pro Code § 1161
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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 - 7 CA Civ Pro Code § 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 - 8 California - Notice Delivery by Mail
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For “service by mail”:
- Service by mail is complete 5 days after the papers are mailed
- 9 California Rent Control and Eviction Protection Law
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The notice of termination must advise the tenant of their right to relocation assistance, which is only one month’s rent. At the landlord’s option, that can be paid within 15 days of service of the notice or simply be a waiver of the last month of rent. Since the protections do not apply during the first year of tenancy, a 60-day notice of termination would be given, and either tell the tenant that the last month’s rent is their relocation assistance [most likely], or the tenant is required to pay rent through the 60th day, but gets one month’s rent within 15 days of receiving that 60-day notice.
Source Link
