Notify tenant of intent to evict in California: California Eviction Notice
What we’ll cover
What is a California Eviction Notice or Notice to Quit?
If you own or manage residential property in California, you can create a California Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.
With California Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.
Our Eviction Notice for California can be used for residential property within the Golden State. If rent control or local laws complicate your tenant eviction, you may want to consult a Rocket Legal Pro™.
When to use a California Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated a provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample California Eviction Notice
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3 DAY NOTICE TO PAY RENT OR QUIT3 DAY NOTICE TO PERFORM COVENANT OR QUIT3 DAY NOTICE TO QUIT30 DAY NOTICE TO TERMINATE TENANCY90 DAY NOTICE TO TERMINATE TENANCY
, California
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , California
PLEASE TAKE NOTICE that the tenancy pursuant to the lease and/or rental agreement dated under which you hold the possession of the herein described premises there is now due, unpaid and delinquent rent during the last twelve months in the total sum of , pursuant to Rent Ordinance 37.9(a), as follows:
| to |
| Total: |
PLEASE TAKE FURTHER NOTICE that within THREE (3) days after service of this notice, you are hereby required to pay the above-listed amount in full OR quit the subject premises, move out, and deliver up possession of the same to . Failure to pay the rent in full OR vacate the premises WITHIN THREE (3) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute legal proceedings for an unlawful detainer against you to declare the lease or rental agreement void or forfeited, recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that you have violated the following term(s) in your lease and/or rental agreement dated : .
PLEASE TAKE FURTHER NOTICE that within THREE (3) days after service of this notice, you are hereby required to perform the aforesaid covenant(s) OR quit the subject premises, move out, and deliver up possession of the same to . Failure to perform aforesaid covenant(s) OR vacate the premises WITHIN THREE (3) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute legal proceedings for an unlawful detainer against you to declare the lease or rental agreement void or forfeited, recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that the tenancy under which you hold the possession of the herein described premises shall end THREE (3) days after service of this notice, and you are required to quit and deliver up possession of the premises to on or before that date. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute legal proceedings for an unlawful detainer against you to declare the lease or rental agreement void or forfeited, recover rent, damages and possession of said premises.
THE REASON THIS NOTICE IS BEING SERVED IS:
PLEASE TAKE NOTICE that your month-to-month tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date thirty (30) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to the on or before the date thirty (30) days after service of the NOTICE upon you.
PLEASE TAKE NOTICE that your month-to-month tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date ninety (90) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to the on or before the date ninety (90) days after service of the NOTICE upon you for the following reasons:
PLEASE TAKE NOTICE that 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.
THIS IS INTENDED AS A THIRTY (30) NINETY (90) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS TERMINATION OF TENANCY IS IN ACCORDANCE WITH CALIFORNIA CIVIL CODE §1946.1954.535.
THIS IS INTENDED AS A THREE (3) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS TERMINATION OF TENANCY IS IN ACCORDANCE WITH SECTION 37.9(a)(1) OF THE RENT CONTROL ORDINANCE CONCERNING NONPAYMENT OF RENTSECTION 37.9(a)(2) OF THE RENT CONTROL ORDINANCE CONCERNING THE VIOLATION OF LAWFUL OBLIGATIONS OR COVENANTS OF TENANCYSECTION 37.9(a)(3) OF THE RENT CONTROL ORDINANCE CONCERNING NUISANCE, SUBSTANTIAL DAMAGE, AND SUBSTANTIAL INTERFERENCESECTION 37.9(a)(4) CONCERNING USING OR PERMITTING A RENTAL UNIT TO BE USED FOR ANY ILLEGAL PURPOSE.
THIS IS INTENDED AS A THREE (3) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS TERMINATION OF TENANCY IS IN ACCORDANCE WITH SECTION 151.09(A)(1) OF THE RENT STABILIZATION ORDINANCE CONCERNING NONPAYMENT OF RENTSECTION 151.09(A)(2) OF THE RENT STABILIZATION ORDINANCE CONCERNING THE VIOLATION OF LAWFUL OBLIGATIONS OR COVENANTS OF TENANCYSECTION 151.09(A)(3) OF THE RENT STABILIZATION ORDINANCE CONCERNING NUISANCE, DAMAGE, AND UNREASONABLE INTERFERENCESECTION 151.09(A)(4) CONCERNING USING OR PERMITTING A RENTAL UNIT TO BE USED FOR ANY ILLEGAL PURPOSE.
The following forms of payment will be accepted:
Address: , ,
Payment must be made by on
(Payment can be made in person between the hours of 9am and 5pm Monday through Sunday).
Phone Number:
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF CALIFORNIA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Dated:
By: ______________________________
| , , |
PROOF OF SERVICE
I, the undersigned, being at least 18 years of age, declare under penalty of perjury that I served the above notice, of which this is a true copy, on the following tenant(s) in possession in the manner(s) indicated below:
__ On _____________, I handed the notice to the tenant(s) personally.
__ On _____________, after attempting personal service, I handed the notice to a person of suitable age and discretion at the residence/business of the tenant(s), AND I deposited a true copy in the U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to the tenant(s) at his/her place of residence.
__ On _____________, after attempting service in both manners indicated previously, I posted the notice in a conspicuous place at the residence of the tenant(s), AND I deposited a true copy in the U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to the tenant(s) at his/her/their place of residence.
Executed on ____________________
Served by ______________________
California Eviction Notice Checklist
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___Sign this document. This document needs to be signed by:
___Serve the document. Deliver a copy of the notice and sign the Proof of Service or hire a certified process server to legally serve the tenant(s). Make sure the service of the notice complies with California state law.
Important Details
You may never forcibly evict a tenant without going through the formal tenant eviction process.
Once you give notice to the tenant(s), you must wait until the notice period is up to see if the tenant does what the notice asks within the time allowed. If the tenant does not comply, you can file an unlawful detainer lawsuit in superior court to evict the tenant. If the tenant does what the notice requires (like pay past due rent in full), then you cannot file an unlawful detainer lawsuit.
If the notice is not correctable, such as 3-Day Notice to Quit or a 30, 60, or 90 Day Notice to Quit (move out), you can file an unlawful detainer lawsuit in superior court when the notice period ends.
If you end up having to file an unlawful detainer lawsuit, make sure you file your eviction case in the right superior court. California superior courts are broken up into different jurisdictions, and you must file in the correct jurisdiction. To find out where to file your lawsuit, enter the rental property address zip code at: www.courts.ca.gov/find-my-court.htm.
If this notice concerns a property in San Francisco, you must attach a separate notice from the San Francisco Residential Rent Stabilization and Arbitration Board when you deliver this notice to the tenant(s). This can be found at http://sfrb.org/sites/default/files/Document/Form/1007%20Notice%20to%20Tenant%20Req%27d%20by%2037.%209%28c%29-Eng-Sp-Ch-Viet-Rus-Tag.pdf.
Review the attached article titled "How to Evict a Tenant in California". If you have further questions about the unlawful detainer process, ask your local superior court or go to: www.courts.ca.gov/selfhelp.
About Eviction Notices in California
Learn about how to notify tenant of intent to evict in California
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Different types and reasons for evictions in California
For California, generally:
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
“California 3-Day Notice to Pay Rent or Vacate”
3 days’ notice
California Code of Civil Procedure § 1161
Violation of lease or rental agreement
“California 3-Day Notice to Perform Covenant or Vacate”
3 days’ notice
California Code of Civil Procedure § 1161
Illegal activity
“California 3-Day Notice to Vacate”
3 days’ notice
California Code of Civil Procedure § 1161
Termination of monthly periodic tenancy of less than one year
“California 30-Day Notice to Terminate Tenancy”
30 days’ notice
California Civil Code § 1946.1
Termination of monthly periodic tenancy of more than one year
“California 60-Day Notice to Terminate Tenancy”
60 days’ notice
California Civil Code § 1946.1
Termination of low-income (Section 8) tenancy
“California 90-Day Notice to Terminate Tenancy”
90 days’ notice
California Civil Code § 1954.535
For rent-controlled properties in Los Angeles:
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
“3-Day Notice to Pay Rent or Vacate”
3 days’ notice
Los Angeles County Rent Stabilization and Tenant Protections Ordinance § 151.09(A)(1)
Violation of lease or rental agreement
“3-Day Notice to Perform Covenant or Vacate”
3 days’ notice
Los Angeles County Rent Stabilization and Tenant Protections Ordinance § 151.09(A)(2)
Nuisance, damage, or illegal activity
“3-Day Notice to Vacate”
3 days’ notice
Los Angeles County Rent Stabilization and Tenant Protections Ordinance § 151.09(A)(3);
Los Angeles County Rent Stabilization and Tenant Protections Ordinance § 151.09(A)(4)For rent-controlled properties in San Francisco:
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
“3-Day Notice to Pay Rent or Vacate”
3 days’ notice
San Francisco Administrative Code, Residential Rent Stabilization and Arbitration Ordinance § 37.9(a)(1)
Violation of lease or rental agreement
“3-Day Notice to Perform Covenant or Vacate”
3 days’ notice
San Francisco Administrative Code, Residential Rent Stabilization and Arbitration Ordinance § 37.9(a)(2)
Nuisance, damage, or illegal activity
“3-Day Notice to Vacate”
3 days’ notice
San Francisco Administrative Code, Residential Rent Stabilization and Arbitration Ordinance § 37.9(a)(3);
San Francisco Administrative Code, Residential Rent Stabilization and Arbitration Ordinance § 37.9(a)(4).Regardless of the type of notice you need, we can help you build it. Get started now!
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Requirements, liabilities, and tenant protection for evictions in California
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT
A tenant is considered guilty of unlawful detainer when they continue in possession of the property (or any part thereof) without permission after they fail to make the rent payment in time and the notice period requiring its payment or possession has expired. Cal Code Civ Proc §1161 (Repealed effective February 1, 2025).
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE
A tenant is considered guilty of unlawful detainer when they continue in possession of the property (or any part thereof) after a neglect or failure to perform other conditions or covenants of the lease or agreement and the notice period requiring either performance of such conditions/covenants or possession has expired.
If a tenant damages the property, becomes an overall nuisance, or uses it for illegal activities, they terminate the lease. The landlord may take the property back after the appropriate notice period. Cal Code Civ Proc §1161(4). Repealed effective February 1, 2025.
NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY
A landlord has to give back any belongings the tenant left behind after moving out if the tenant or their authorized representative asks for them (within 18 days and in writing) and pays the cost of storage and removal. If the landlord follows these requirements, they're not liable for anything left behind after the tenant leaves. Cal Civ Code §1965.
TENANT PROTECTION REGARDING FORECLOSURES
The tenant must be given a notice about the foreclosure sale at least 20 days before it happens. The new owner of the property may either offer the tenant a new lease or give them a 90-day notice to leave. Cal Civ Code § 2924.8(a)
A tenant who is on a month-to-month lease or periodic tenancy when the property is sold due to foreclosure must be provided with a written notice to leave 90 days before they can be removed from the property. Cal Code Civ Proc § 1161b.
MORE RELEVANT LAWS
California Cal Civ Code § 1947.10; Cal Civ Code § 1952; Cal Civ Code § 1965; Cal Civ Code § 2924.8; Cal Civ Code § 2924b; Cal Civ Code § 2929.3; Cal Civ Code § 3485 [Repealed effective January 1, 2024]; Cal Code Civ Proc §§ 415.45 through 415.47; Cal Code Civ Proc § 1034.5; Cal Code Civ Proc §§ 1159 through 1179a.
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How to write a California Eviction Notice
Below is a list of details you may need when preparing a California Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.
1. Start with the rental addresses
Addresses of the rental property and landlord or property management company.
2. List all tenant names
Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.
3. Include the status and date of the Lease Agreement
Whether the lease is still active or not, or if there is a lease at all.
4. Detail the reason that the notice is being served
Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered.
Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea.
Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.
5. Provide the number of days for the notice period
The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice.
6. Attach the proof of service
When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In California, this is often called a Return of Service or Certificate of Service.
Luckily, you don't need to start from scratch when making a California Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.
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The eviction process in California: what happens after making an Eviction Notice?
Now that you have made your California Eviction Notice with Rocket Lawyer, you might be wondering: what now?
The next step is to serve it. You must sign the notice before serving it on the tenant(s) – our California Eviction Notice includes a proof of service so that you will have clear documentation of its delivery.
There are a few methods for serving the notice:
- Use a professional process server.
- Deliver the notice by hand.
- Send it via certified mail.
Please remember that "self-help" or "DIY" evictions are illegal in California. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.
What happens after the notice period?
If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit, also known as an Unlawful Detainer suit.
What are some essentials throughout the eviction process?
As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.
In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case.
If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The California website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently.
California Eviction Notice FAQs
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Do I need an Eviction Notice in California?
Generally speaking, yes, if you wish to remove a tenant from your California rental property, you must always provide them with a Notice of Eviction first to start the process.
Some of the most common situations in which you might need one include:
- The tenant is habitually late to pay their rent or they are behind on payments.
- The tenant has caused substantial damage.
- The tenant harasses or disturbs the quiet enjoyment of their neighbors.
- The tenant is using your property for an illegal business.
- The tenant gets a dog or cat and the rental contract forbids pets.
- The tenant sublets their unit in breach of the agreement.
Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in.
Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about California eviction laws, reach out to a Rocket Legal Pro™.
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Do I need a lawyer if I am evicting someone in California?
While you can choose to make a California Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful.
A Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price.
As a property owner or manager, you can be confident that Rocket Lawyer is by your side.
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How do California eviction laws affect me as a rental property owner?
Laws change depending on where you (and your property) are. The notice periods in California, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary.
This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in California – or anywhere else – to any tenant.
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How do I create a California Eviction Notice template for free?
Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make a California Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions.
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How is a California Notice to Vacate structured?
That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:
- The address and description of the property.
- The renter's contact information.
- How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
- Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
- How much time the tenant has to resolve the situation.
In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the California Eviction Notice are present in the fully executed rental contract.
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How much might it normally cost to evict a tenant in California?
The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant.
A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.
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How long does it take to complete the California eviction process from beginning to end?
The duration of the eviction process for California tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one.
Below, you'll find a basic explanation of California notice periods to get you started:
- Past-due rent: 3-day notice.
- Rental agreement violations: 3-day notice.
- No fault of the tenant: 60-day notice if the tenant has lived in the unit for more than one year; 30-day notice if the tenant has lived in the unit for less than one year.
If the tenant decides to leave before the notice period ends – which is common – the process actually becomes a lot shorter.
If that doesn’t happen, when your notice period is over, the actual eviction may take anywhere between 45 to 75 days. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
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What are my next steps after I have made an Eviction Notice/Notice to Quit in California?
After making a California Eviction Notice, the next step is to serve it. You may read more about the eviction process in California and everything that follows here.
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What happens after the given notice period is over in California?
If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit, also known as an Unlawful Detainer suit.
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