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3-Day Notice
Pay Rent or Quit
Used when a tenant is behind on rent. It gives three days to pay or move out.
30/60-Day Notice
Tenancy Termination
Used to end month-to-month tenancies. Often requires 'Just Cause' under AB 1482.
Types of Eviction Notices in California
In the state of California, an eviction case (officially called an Unlawful Detainer) cannot be started in court until the landlord has first given the tenant a written notice. This notice is the foundation of the entire legal process. Failing to include specific required language can cause a judge to dismiss the case entirely. Below, we provide a clear breakdown of the most common eviction notices utilized by California property owners.
Understanding "Just Cause" Evictions
Since the passage of the California Tenant Protection Act of 2019 (AB 1482), the criteria for ending a tenancy has evolved. For most residential properties at least 15 years old, landlords can no longer terminate a tenancy without a specific, legally recognized reason. This is referred to as 'Just Cause.' Just Cause is generally broken down into two distinct categories:
- At-Fault Just Cause: Includes non-payment, lease breaches, or nuisance.
- No-Fault Just Cause: Includes owner move-ins or Ellis Act withdrawals.
If your property is covered by AB 1482, your notice must explicitly state the reason for termination. Failing to do so can result in the notice being deemed invalid under California law.
The Counting Days Rule
When you serve a 3-day notice, the counting rule is critical. The three-day period excludes Saturdays, Sundays, and judicial holidays. For instance, a notice served on Wednesday means the countdown doesn't technically finish until the following Monday. Filing an Unlawful Detainer even one hour early will result in the court dismissing your case.
Proper Service of Process
A perfectly written notice is useless if it is served incorrectly. California law recognizes three primary methods of service for an eviction notice:
- Personal Service: Giving the notice directly to the tenant.
- Substituted Service: Handing it to a person of suitable age at the property.
- Post and Mail: Attaching it to the door and sending a copy via first-class mail.
Documenting your service is just as important as the service itself. We recommend using a registered process server to ensure that your proof of service is ironclad when you present it to a judge.
3-Day Notice
Cure or Quit
For lease violations like unauthorized pets. It requires the tenant to fix the issue.
3-Day Notice
Unconditional Quit
For severe or unfixable violations like illegal activity or property damage.
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