Types of eviction notices tenants | California Courts (2024)

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There are3-day, 30-day, 60-day, or90-day Notices to Quit. The number of days in the Notice is the deadline for when you have to do what the Notice says.

Select the type of Notice you gotfor an explanation of what it means and the basic information the landlord is required to include.

This section describes the general information the Notice must include.

Some cities or counties require your landlord to include more information. Talk to a Self-Help Center or a lawyer for more information.

A3-day Notice to Pay Rent or QuitNotice is used when the landlord thinks theirtenant is behind on rent.It’sasking the tenant to pay the back rent or move out (quit).

The Notice mustbe in writing and include:

  • Thetenant(s)full name(s)

  • Therental homeaddress

  • Exactly how much rent is owed

  • Thatall the past duerent must be paid within 3 daysor youmust move out

  • The name, address, and telephone number of the person to whom rent is due

  • If you canpay in person, the days and times you can pay the rentand the addresswhere you can payit

  • If you can pay by mail, the Notice must give the address where you can mail the payment

From April 1, 2022 to June 30, 2022, if the Notice is asking for rent (or other money owed under the lease or agreement, like parking fees) due October 1, 2021 to March 31, 2022, the Notice must include this statement:

  • NOTICE FROM THE STATE OF CALIFORNIA:

    If you completed an application for government rental assistance on or before March 31, 2022, you may have protections against eviction. For information about legal resources that may be available to you, visit lawhelpca.org.

How much money is owed

This type of Notice can only include past due rent. It cannot include fees, like late fees, fees for bounced checks, or utilities.The Notice is not valid if it asks for more than what's owed.

How to figure out your deadline

  • Day 1 is the 1st day after you got the Notice
  • Don'tincludeSaturdays, Sundays, orcourt holidayswhen countingthe days

A landlord can use this kind of Notice if their tenantisn’tfollowingthe rental agreement or lease, and the problem can be fixed.

For example, the tenant has a pet and the lease says "no pets," or the tenant isbothering neighbors with loud noise. The Notice must ask the tenant to fix the problem within 3 days or move out.

This Notice can go by other names, like a 3-Day Notice to Cure.

The Notice mustbe in writing and include:

  • Thetenant(s)full name(s)

  • Therental home’saddress

  • A description ofwhat the tenant is doingto violate thelease

  • That the tenantmustfix the problem or move out in 3 days (not counting Saturdays, Sundays, or court holidays).

How to figure out your deadline

  • Day 1 is the 1st day after you got the Notice
  • Don'tincludeSaturdays, Sundays, or court holidays when countingthe days

Some city laws (ordinances) require thatyour landlord send you a letterabout the problem before they give you notice. This is sometimes called a "cease and desist letter."

If your tenancy falls under the Tenant Protection Act, this is also the Notice your landlord must give youbeforethey give youa 3-day Notice to Quit (next section). If youdon't fix the problem they tell you about in this Notice then they can give you a 3-day Notice to Quit (without the option to fix the problem) to end your tenancy.

A landlord gives their tenant a3-day Notice to Quit (move out)if they think the tenant is responsible for serious problems at the rental home like:

  • Causingor allowinga nuisance on the property(like a dangerous dog)

  • Doingsomething illegal (like sell drugs)at thehome

  • Negatively affecting other people’shealth andsafety (using highly flammable or toxic chemicals at the home)

  • Causingmajor damage to the home that makes it worth much lessmoney(sometimes called commits waste)

  • Movingin other tenants (subtenants) withoutthe landlord's permission

If your tenancy falls under the Tenant Protection Act, your landlord gives you this Notice if you didn't do what was asked in a3-Day Notice to Perform Covenants or Quit by the deadline.

The Notice mustbe in writing and include:

  • Thetenant(s)full name(s)

  • Therental home’saddress

  • Describe everything that the tenant did todeserve a 3-day Notice to move out,includingdetails and dates

  • Say clearly that the tenanthas tomoveout as soon as the 3 days are up (not counting Saturdays, Sundays, or court holidays)

This Notice can go by other names like a 3-day Notice to Vacate, 3-day Unconditional Notice to Quit.

How to figure out your deadline

Day 1 is the 1st day after you got the Notice. Then you count every day.

Tenant protection laws require many landlords to providea just cause to end a rental agreement.

For example, a just cause could be that the landlord must makemajor repairs for a required health and safety reasons. Or, that they sold the house to someone who plans to move into it. If the laws apply, your Notice must have a just cause listed. Your landlord may be required to give you money to help you move (relocation assistance).

A landlord uses a 30-day Notice to Quit (move out) to end a month-to-month tenancy ifthe tenant has been renting for less than 1year. A landlord uses a60-day Notice to Quit if their tenant has been renting for 1 year or more.

In many cases, landlords can’tcancel a month-to-month tenancy for just any reason. They will need a just cause if required theTenant Protection Act of 2019.

In some cases, a landlord can use the 30-day or 60-day Notice to end a rental agreementwithout a just cause. For example,

  • If their tenant has lived in the home for less than a year. If there's more than 1 tenant in the same home, the one year is measured by the tenant who’s lived there the longest.
  • If the landlord lives in the rental home (single-family home with no more than 2 in-law units, or condominium) with their tenant except if the landlord isaprimary tenant(they rent a home from the owner and thenrent out to other tenants).
  • If the landlord lives in ½ of a duplex full-time and rents out the other half
  • New housing that's been built within the last 15 years

If you get a 30 or 60-day Notices to Quit, it must be in writing andinclude:

  • Thetenant(s)full name(s)

  • Therental home’saddress

  • That the month-to-month tenancy will end in 30 days ifthey're giving a 30-dayNotice or in 60 days ifthey're giving a 60-dayNotice.

  • A statement on how to pick up any property left behind (reclaim abandoned personal property)

If required by the Tenant Protection Act the Notice must also include

  • The just cause (legal reason)

  • That if the tenant has lived in the home for more than 1 year they have (1) aright to money tohelp themmove (relocation assistance) or (2)they don't have to pay their last month's rent (rent waiver). If you decideto waive last month's rent (choice 2) you'll include what the last month's rent amount is andthat your tenant doesn't owe you rent for their last month.

How to figure out your deadline

Day 1 is the 1st day after you got the Notice. Then you count every day.

Landlords can only use this type of Notice if theirrental property isSection 8subsidized housing. The Notice is a demand that the tenant moves out within 90 days.

The landlordmust have a legalreason("just cause") to askthe tenant tomove.

The Notice must be in writing and include:

  • The date the tenancy will end ("be terminated")
  • Detailed reason(s) for the eviction
  • That if the tenant doesn't move outwithin 90 days the owner may start a court case to evict them and that they can give their side of the story then
  • That they have 10 daysto talk about the Notice with the landlord. The 10-day period begins on the day that the Notice is properly delivered to them
  • That people with disabilities have the right to request reasonable accommodations to participate in the hearing process

How to figure out your deadline

Day 1 is the 1st day after you got the Notice. Then you count every day.

Types of eviction notices tenants | California Courts (2024)
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