California Eviction Notice Templates (6)

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A California eviction notice is the first step in terminating a lease agreement between a landlord and a tenant. Most of these forms are designed to notify tenants that they have violated their lease agreement. Depending on the severity of the breach, the tenant may or may not be given the opportunity to remedy the breach and avoid eviction.

California Eviction Notice Templates (6)

A California eviction notice is the first step in terminating a lease agreement between a landlord and a tenant. Most of these forms are designed to notify tenants that they have violated their lease agreement. Depending on the severity of the breach, the tenant may or may not be given the opportunity to remedy the breach and avoid eviction.

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Last updated August 26th, 2024

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A California eviction notice is the first step in terminating a lease agreement between a landlord and a tenant. Most of these forms are designed to notify tenants that they have violated their lease agreement. Depending on the severity of the breach, the tenant may or may not be given the opportunity to remedy the breach and avoid eviction.

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Eviction Notices: By Type (6)

3-Day Notice to Quit | Non-Payment – Notifies a tenant that they are in violation of their lease due to non-payment of rent.

 

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3-Day Notice to Quit | Non-Compliance (Curable) – Gives three days to fix a lease violation or leave.

 

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3-Day Notice to Quit | Non-Compliance (Incurable) – Notifies a tenant that their lease is terminated due to a breach of lease or unlawful behavior.

 

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14-Day Notice to Terminate | Domestic Violence – Permits a tenant to terminate their lease due to domestic violence towards them or a member of their household.

 

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30-Day Notice to Terminate | Month-to-Month Lease (Under 1 Year) – Used by the landlord or tenant to end a month-to-month lease of one year or less.

 

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60-Day Notice to Terminate | Month-to-Month Lease (Over 1 Year) – Terminates an at-will lease agreement between a landlord and tenant that has been effective for one year or longer.

 

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Notice Requirements

  • Grace Period for Rent – Not mentioned in state statutes.
  • Non-Payment of Rent – 3 days.[1]
  • Lease Non-Compliance – 3 days.[2]
  • Periodic Tenancy Termination – 30 days / 60 days.[3]
  • Illegal Activity – 3 days.[4]
  • Committing Waste/Nuisance – 3 days.[5]
  • Domestic Violence – 14 days.[6]

How to Evict a Tenant in California

Step 1 – Deliver Notice

Before a tenant can be evicted, the landlord must hand-deliver, mail, or post on the premises one of the below notices to notify them that they are in violation of their lease. The tenant may or may not have the option to remedy the issue.

Step 2 – Start Eviction Process

If the tenant fails to vacate the premises or remedy the breach within the given notice period, the landlord can download and complete the following court forms to start an unlawful detainer case:

Step 3 – File with County Court

The landlord must make copies of the Summons and Complaint forms for themselves, the tenant(s), and the court. The landlord must then file all documents in Step 3 with the superior court in which the property is located, along with a copy of the lease agreement, the eviction notice, and proof that the notice was delivered.

Step 4 – Serve Tenant

The landlord must arrange for a third party to serve the abovementioned documents in the following order:

  1. Hand-delivered to the tenant
  2. Hand-delivered to a member of the tenant’s household AND mailed to the tenant’s address
  3. Post copies on the property AND send copies by certified mail

The server must complete and sign a Proof of Service of Summons (Form POS-010). This form must be filed with the court clerk and a stamped copy will be returned to the landlord.

Step 5 – Tenant’s Response

The tenant must respond by completing an Answer – Unlawful Detainer (UD-105) within five days of service (deadline may be up to fifteen days depending on service method). If the tenant does not reply, the landlord may ask for a default judgment. If the tenant does reply, the landlord can ask for a trial date.

Step 6 – Default Judgment (If Applicable)

If the tenant does not file a response, the landlord can ask the court for a default judgment by filing the forms below. If accepted by the judge, the landlord will win automatically.

Step 7 – Trial (If Applicable)

If the tenant responds to the landlord’s Complaint, the landlord must file a Request to Set Case for Trial – Unlawful Detainer (Form UD-150). The parties may agree to a jury trial (with associated jury fees) or a judge will be assigned to settle the case.

Both parties will be given the opportunity to plead their case during the trial, with the judge asking questions and reviewing any necessary evidence.

Step 8 – Judgment

If the tenant wins, they will be able to stay on the property, and the landlord may be required to pay their legal and court fees.

If the landlord wins the case, the landlord must complete a Judgment – Unlawful Detainer (Form UD-110) and a Writ of Execution (or Possession) (Form EJ-130) (if not completed already) and file it with the court clerk for the judge’s signature.

The tenant may be asked to pay any unpaid rent, damages, penalties, and court costs to the landlord. The sheriff will give the tenant five days to vacate the premises before they are forcibly removed and locked out.

Sources

  1. § 1161(2)
  2. § 1161(3)
  3. § 1946.1
  4. § 1161(4)
  5. § 1161(4)
  6. § 1946.7