Updated August 16, 2023
A California eviction notice is a letter given to a tenant when they have violated their lease agreement. The notice will detail the specific violation and how many days the tenant has to cure the issue. If the tenant adheres to the notice, they will be required to vacate the premises or face eviction.
Table of Contents |
By Type (6)
3-Day Notice to Quit (Non-Payment of Rent) – A landlord may serve a tenant with 3-day notice if the tenant has failed to pay rent when it is due under the terms of the lease.
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3-Day Notice to Quit (Non-Compliance – Curable) – This form may be used when there are other breaches of the lease other than non-payment of rent. The tenant may fix the problem within three days or will have to vacate the premises.
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3-Day Notice to Quit (Non-Compliance – Incurable) – May be used when a tenant has caused issues that the tenant cannot remedy, such as an illegal act. In other words, the landlord wants the tenant to move out. Offenses, such as selling drugs on the property or being a continual nuisance to the neighbors, are examples of these types of issues.
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14-Day Notice to Quit (Domestic Violence Victim) – For victims of domestic violence or stalking. The tenant is able to terminate the lease.
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30-Day Notice to Quit (Month-to-Month Tenancy Under 1-Year) – If a tenant has been on the property for less than a year, a landlord can give a 30-day notice to vacate the premises.
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60-Day Notice to Quit (Month-to-Month Tenancy Over 1-Year) – If the tenant has been on the property at least a year or more, the landlord must give the tenant sixty days notice to vacate the premises.
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Eviction Laws
- Rent Grace Period: As specified on lease agreement.
- Non-Payment of Rent: 3 days. CA Civ Pro Code § 1161(2)
- Non-Compliance: 3 days. CA Civ Pro Code §1161(3)
- Termination (Month-to-Month Lease): 30 days or 60 days. CA Civ Pro Code § 1946.1
- Eviction Lawsuit: Summary Proceedings for Obtaining Possession of Real Property in Certain Cases CA Civ Pro Code, §§ 1159 – 1179a
Court Forms
Complaint (Form UD-100) – This form is to be filled out by the plaintiff and their lawyer. It details the reasons for the eviction and is to be filed with at the courthouse in the county where the property exists.
Cover Sheet (Form CM-010) – The cover sheet is to be filed with the complaint; the information therein will be used to collect statistics of the types and number of like cases.
Summons (Form SUM-130) – The summons is the official notice of a lawsuit. It must be filed with the complaint and cover sheet at the courthouse of the county where the property is located. A copy should be delivered to the tenant following the filing at the courthouse.
Proof of Service – The proof of service is to be completed following the serving of the complaint and summons on the tenant. A copy should be filed with the court clerk once obtained by the landlord.
Answer (Form UD-105) – This form is used so that the tenant can either agree with or deny the statements made in the complaint.
Request to Set Case for Trial – Unlawful Detainer (Form UD-150) – This document can be used once everything has been filed with the courthouse. It is used to set a date for the court case and will indicate the type of trial, the estimated length thereof, and the issues that the judge will likely need to resolve.
Judgment for Unlawful Detainer (UD-110) – This form is to be filled out to officially indicate the outcome of the court case, determining whether it was the plaintiff (landlord) or defendant (tenant) that won.
Writ of Possession (EJ-130) – This is a form that enables the landlord to request that the sheriff’s department remove the tenant from the property if necessary.
When is Rent Late
In California, the rent is due on the date specified in the lease and is considered late if it’s not paid by that date.
How to Evict (Process) (6 steps)
- Serve Notice on the Tenant
- File Papers with the Court
- Serve the Tenant
- Wait for the Tenant’s Response
- Seek a Judgment
- Deliver Writ of Possession to Sheriff’s Office
In the event that there is a tenant in possession of a landlord’s property that the landlord no longer wants to occupy the property, the landlord must determine which type of notice to send depending on whether there is a breach or whether the landlord wants to terminate in the natural course of business.
2. File Papers with the Court
If the tenant fails to respond in the requisite time period, the landlord may begin the eviction process in court by filing the following documents with the court in the county in which the property is located and paying the requisite filing fee:
3. Serve the Tenant
The tenant must be served a copy of the documents filed with the court by a civil process server. The process server must fill out a Proof of Service form and provide it to the landlord to file with the court.
4. Wait for the Tenant’s Response
The tenant has five (5) days to respond to the court if he or she was served in person. Otherwise, they will have fifteen (15) days to respond from the date the summons was mailed. The tenant must respond by filing an Answer (Form UD-105).
The landlord will have to wait to hear from the court to see if the tenant filed the Answer.
6. Deliver Writ of Possession to Sheriff’s Office
Once the landlord has a judgment and a court-approved writ of possession, he or she may deliver to the local sheriff (Sheriff’s Offices by County) to execute the judgment on behalf of the landlord.