What is a California Eviction Notice or Notice to Quit?
When to use a California Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any 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.
- The landlord wishes to terminate a month-to-month tenancy.
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
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:
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).
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.
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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Find out next steps for your document
___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.
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.
California Eviction Notice FAQs
Am I legally allowed to evict my tenant(s) for not paying rent in California?
Generally speaking, yes, and you can make a California Eviction Notice (specifically referred to as a 3-Day Notice to Pay Rent or Quit) to start the process. That said, due to COVID-19, there are some protections in place for tenants who are unable to pay rent. Despite the fact that the federal ban on eviction has been blocked by the U.S. Supreme Court, the state of California and individual municipalities can create and enforce their own restrictions for residential evictions. Keep up with the talk to a lawyer , if you remain unsure.
Do I need to write an Eviction Notice in California?
If you wish to remove a tenant from your California rental property, you must always provide them with a Notice of Eviction first. 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 typically may be evicted by a landlord for reasons that are not related to a fault of their own. For instance, 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 different from place to place, among other determining factors. If you've got any concerns about California eviction laws, ask a lawyer.
How is a California Notice to Vacate structured?
You can click on the button that says "Make document" to check out our California Eviction Notice sample. Before getting started, you usually might want to prepare 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)
- Which of the lease clauses have been violated
- 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 Eviction Notice are present in the fully executed rental contract.
How do California eviction laws affect me as a rental property owner?
Laws continually evolve over time and the eviction process and restrictions can be relatively nuanced for a first-timer. In certain cases, there might be varying notice periods and other requirements based on the length of the tenant's occupancy and why they are being evicted. As a result, it is strongly recommended that every property owner connect with an eviction lawyer when making a Notice of Eviction to any tenant.
How do I create a California Eviction Notice template for free?
Luckily, you don't have to start from scratch when writing your document. With the document tools on Rocket Lawyer, you should feel empowered to create a free California Eviction Notice online very easily. Your notice will be constructed piece by piece so you can feel confident that it has the proper details that you'll need. This solution is often much less time-consuming than working with a traditional provider.
How much might it normally cost to evict a tenant in California?
The fees associated with hiring a conventional attorney to make a Notice of Eviction could add up to anywhere between hundreds of dollars and thousands. Unlike the other websites you might stumble upon, Rocket Lawyer offers much more than an eviction form. If you decide to proceed with an eviction lawsuit, your membership offers up to 40% in savings when you hire an attorney from our Rocket Lawyer attorney network. If you want to understand the complete cost of eviction, you will need to consider the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, and finally the money and time spent finding a replacement tenant.
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, in addition to the overall volume of lawsuits that are being held concurrently. Below, you'll find a basic explanation of California notice periods:
- 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
When your notice period is over, the actual eviction may take anywhere between 45 and 75 days. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
Do I need a lawyer if I am evicting someone in California?
While you can opt to prepare a Notice to Quit without support, most landlords who take tenants to court have legal representation. Getting a legal professional to provide feedback on your document may take longer than you'd expect if you do it on your own. An easier approach would be via the Rocket Lawyer On Call® network. Premium members can ask for guidance from an Rocket Lawyer network attorney with experience in landlord-tenant matters or pose other questions. As a property owner or manager, you can be confident that Rocket Lawyer is here by your side.
What are my next steps after I have made a Notice of Eviction/Notice to Quit in California?
After making a California Eviction Notice with Rocket Lawyer, you will be able to review it on any device. You also may engage with the document by editing it and saving it as a Word document or PDF file. You must sign the notice before serving it on the tenant(s). This 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 a 3-day notice to pay rent or quit in California?
If a tenant does not pay rent after being given a 3-day notice, the landlord can choose to file an eviction lawsuit, also known as an unlawful detainer suit.