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Eviction notices in California

Source: Cal. Code Civ. Proc. § 1161; § 1162; Cal. Civ. Code § 1946.2; § 789.3 · Checked against the statute

Unpaid rent
3 business days (pay or move out)
Lease violation
3 business days (fix it or move out)
Serious or repeat violation
3 days

California eviction notice deadline

Choose the state, the type of notice and the date it was served.

Notice for unpaid rent

Before filing for unpaid rent, the landlord must serve a 3-day notice to pay rent or quit; the 3 days do not count Saturdays, Sundays or court holidays. The notice may demand only rent (not late fees, utilities or damages) and must state the exact amount, and how, where and when to pay (Cal. Code Civ. Proc. § 1161(2), as described by the California Courts Self-Help Guide).

Can the tenant pay to stop it? The tenant can stop the eviction by paying the full rent demanded within the 3 days.

Type:
Pay or move out
Notice period:
3 business days
Days not counted:
Saturdays, Sundays and judicial (court) holidays
Law:
Cal. Code Civ. Proc. § 1161(2)

Notice for a lease violation

For a curable lease violation, the landlord serves a 3-day notice to perform covenants or quit (Cal. Code Civ. Proc. § 1161(3)). If the Tenant Protection Act applies, the landlord must give this chance to cure before an unconditional 3-day notice to quit for a curable violation (Cal. Civ. Code § 1946.2).

Chance to fix it: If the violation can be fixed, the tenant has 3 days (not counting weekends or court holidays) to fix it.

Type:
Fix it or move out
Notice period:
3 business days
Days not counted:
Saturdays, Sundays and judicial (court) holidays
Law:
Cal. Code Civ. Proc. § 1161(3)

Serious, repeat or illegal-activity violations

A 3-day notice to quit with no option to cure; these 3 days DO include Saturdays, Sundays and court holidays (Cal. Code Civ. Proc. § 1161(4), as described by the California Courts Self-Help Guide).

When it applies: Nuisance, illegal use of the unit (e.g. selling drugs), committing waste (major damage), or a non-curable lease breach such as unauthorized subletting.

Notice period:
3 days
Law:
Cal. Code Civ. Proc. § 1161(4)

How the days are counted

Do not count the day the notice was delivered or mailed; day 1 is the next day. For 3-day pay-or-quit and perform-or-quit notices, skip Saturdays, Sundays and court holidays. For move-out-only notices, count every day, but if the last day falls on a weekend or court holiday the deadline moves to the next court day. When the notice is left with another adult and mailed, or posted and mailed, the count starts the day after mailing; no extra mailing days are added (California Courts Self-Help Guide).

How the notice must be delivered

Someone 18 or older must deliver the notice by (1) handing it to the tenant; (2) if the tenant is absent, leaving it with an adult at the tenant's home or work AND mailing a copy; or (3) posting it on the home AND mailing a copy (Cal. Code Civ. Proc. § 1162, as described by the California Courts Self-Help Guide).

Just-cause protection

Under the Tenant Protection Act, after a tenant has lived in a covered unit for 12 months the landlord may end the tenancy only for an 'at-fault' or 'no-fault' just cause listed in the law, and no-fault evictions require relocation help (one month's rent or a waived last month). (Cal. Civ. Code § 1946.2)

If the tenant doesn't pay, fix it or leave

If the tenant does not pay, fix or leave, the landlord files an unlawful detainer case in superior court. A tenant who is personally served has 10 court days (not counting Saturdays, Sundays or court holidays) to file an Answer; with substituted service or posting, it is 10 calendar days after mailing plus 10 court days; a tenant served through the Secretary of State's Safe at Home address confidentiality program has 15 court days (California Courts Self-Help Guide). If the landlord wins, the sheriff serves a 5-day notice to vacate. Lockouts, utility shut-offs and removing belongings to force a tenant out are illegal; the only lawful way to evict is a court case (Cal. Civ. Code § 789.3, per the California Attorney General).

City and county rules

  • City of Los Angeles: Under the Rent Stabilization Ordinance and Just Cause Ordinance, every notice terminating a tenancy must be filed with the Los Angeles Housing Department within 3 business days of service, and since March 27, 2023 a landlord may not evict for nonpayment unless the tenant owes more than one month's Fair Market Rent for the unit size. JCO protections start after the first lease ends or 6 months, whichever is first.
  • San Francisco: Most residential units are covered by the Rent Ordinance's just-cause rules; a landlord must state a just cause for an eviction.

Also good to know

  • The California Courts guide says some cities require a written warning ('cease and desist') before a 3-day notice to perform covenants or quit.
  • CCP § 1161 text could not be read on leginfo.legislature.ca.gov (bot-check page); notice periods here come from the Judicial Council's official self-help guide.
  • Since August 20, 2025, City of Los Angeles landlords must give tenants a Notice of Right to Counsel at the start of the tenancy and any time an eviction notice is served, and post it in a common area of the building (LAHD).

Related

Sources

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.