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Types of eviction notices in California are more than pieces of paper—they are formal legal instruments that set the stage for ending a tenancy. As a landlord, serving the right notice in strict compliance with California law is essential to avoid delays or court dismissals. As a tenant, receiving one can be stressful, bringing urgency and uncertainty about your home. Understanding these notices, their specific purposes, and your rights under California statutes ensures that the eviction process is transparent, fair, and legally sound.
Imagine this: you own a rental property, and after months of dealing with unpaid rent or repeated lease violations, you decide it’s time to take legal action. You prepare an eviction notice, thinking you’ve done it correctly—only to have your case thrown out because the wrong type of notice was served. In California’s complex housing law landscape, precision matters. This guide will walk you through all the types of eviction notices recognized in California, their requirements, and how to handle them to achieve a positive resolution.
For comprehensive landlord-tenant resources and legal templates, visit our homepage or explore our California Eviction Law Resource Hub.
Understanding California Eviction Law
Eviction notices—and the process that follows—are governed by the California Code of Civil Procedure §1161 and related housing statutes. The notice you serve depends on the reason for ending the tenancy, the type of lease agreement, and, in some areas, local rent control ordinances.
Key Government Resources
- California Courts – Eviction Self-Help
- California Attorney General – Landlord/Tenant Rights
- California Department of Consumer Affairs – California Tenants Guide
- California Department of Real Estate
Major Types of Eviction Notices in California
Three-Day Notice to Pay Rent or Quit
Used when a tenant is behind on rent. Gives 3 calendar days to pay in full or vacate. This is the most common eviction notice for nonpayment of rent.
- Must state exact amount due
- No partial payments unless agreed upon
- Include accepted payment methods
Three-Day Notice to Perform Covenants or Quit
Served when the tenant violates lease terms other than paying rent. Examples include keeping unauthorized pets, causing damage, or illegal activity.
- Specify the exact lease clause violated
- Provide 3 days to fix the violation
- Offer clear instructions to cure the breach
Thirty-Day Notice to Terminate Tenancy
For month-to-month tenants with occupancy under one year.
- Cannot be for discriminatory or retaliatory reasons
- Must comply with rent control guidelines
Sixty-Day Notice to Terminate Tenancy
For month-to-month tenants who have lived in the unit for a year or more.
- Gives more time to secure alternative housing
- Some cities have extended notice requirements
Three-Day Unconditional Quit Notice
For serious violations where no chance to “fix” is given—like major property damage, violent acts, or repeated lease breaches.
- Scientifically documented illegal activity
- Significant destruction of property
- Public safety risk behaviors
Serving Types of Eviction Notices in California
Proper Service Methods
- Personal delivery to the tenant
- Substitute service to a household member and mailing
- Posting notice on the property and mailing
Critical Legal Requirements
- Include legally mandated language
- Exact compliance with CCP §1162 service rules
- Serve the correct notice type for the violation
Common Mistakes to Avoid
- Serving the wrong type of notice
- Incorrect calculation of notice period
- Omitting necessary payment or violation details
- Failing to comply with local ordinances
Best Practices for Landlords
- Document all violations and communications
- Use official or attorney-approved forms
- Consult legal counsel for complex cases
- Stay updated on changes to state and local eviction laws
Best Practices for Tenants
- Respond promptly to all notices
- Seek clarification if terms are unclear
- Know your rights under California Civil Code
- Access local tenant advocacy resources
FAQ – Types of Eviction Notices in California
Can a landlord email an eviction notice?No. California eviction notices must be served physically under CCP §1162.What happens if the wrong notice is served?The eviction case may be dismissed and the process restarted.Do rent-controlled cities have different rules?Yes. Cities like Los Angeles and San Francisco often have additional protections and extended notice periods.Can tenants negotiate during the notice period?Yes. Agreements can be made to resolve issues without proceeding to court.
Conclusion – Types of Eviction Notices in California
Understanding the different types of eviction notices in California means you can approach the process with confidence—whether you’re a landlord seeking compliance or a tenant protecting your rights. By using the correct notice, ensuring proper service, and adhering to all legal timelines, you pave the way for a fair and legally compliant resolution.
Evictions can be stressful, but with the right information and professional guidance, both parties can reach outcomes that maintain dignity and respect.
For more California eviction law tips and landlord-tenant guidance, visit our home page and start managing your property issues with the knowledge you need.
