California Eviction Notice Templates (6)

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California eviction notices terminate 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 an eviction suit.

California Eviction Notice Templates (6)

California eviction notices terminate 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 an eviction suit.

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Last updated July 24th, 2024

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California eviction notices terminate 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 an eviction suit.

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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) – Served upon a tenant who is given three days to fix a lease violation that they have committed.

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3-Day Notice to Quit | Non-Compliance (Incurable) – Allows a landlord to notify a tenant that they have breached their lease agreement or committed unlawful behavior that warrants termination of the lease.

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14-Day Notice to Terminate | Domestic Violence – Permits a tenant to terminate a rental agreement 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 lease of one year or less without cause.

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60-Day Notice to Terminate | Month-to-Month Lease (Over 1 Year) – Terminates a 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]
  • Intentional Damage to Property – 3 days.[5]
  • Domestic Violence – 14 days.[6]

How to Evict a Tenant in Alaska

Step 1 – Deliver Notice

Before a tenant can be evicted, the landlord must send one of the notices below 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 have these documents delivered to the tenant by a third party. The server must attempt delivery in the following order until service is successful:

  1. Hand-delivered to the tenant(s).
  2. Hand-delivered to a member of the tenant’s household AND mailed to the tenant’s address (only after 2-3 failed hand-delivered service attempts on the tenant).
  3. Post copies on the property AND send copies by certified mail (only if both options 1 and 2 fail and the court allows it).

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 copy must be kept with the landlord.

Step 5 – Tenant’s Response

The tenant must respond by completing an Answer – Unlawful Detainer (UD-105). The tenant is given five (5) days to respond, although they may be given up to fifteen (15) days depending on how the documents were served. 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, they will pass judgment accordingly (Step 8).

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 the case at trial, the judge may decide they have a legal right to remain on the property, which will result in the landlord having to pay court fees and, if written in the lease agreement, attorneys’ fees.

If the landlord wins the case at trial or the judge accepts the request for default judgment, 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