What Is an Eviction Notice?
An eviction notice is a formal written document from your landlord demanding that you pay rent, fix a lease violation, or vacate the premises. In California, a landlord cannot legally evict you without first serving a proper written notice — and then winning an Unlawful Detainer (UD) lawsuit in court. Receiving a notice does not mean you must immediately leave.
The 3-Day Notice to Pay Rent or Quit
This is the most common eviction notice in California. Your landlord serves it when you owe rent. You have exactly 3 calendar days (excluding weekends and court holidays in some jurisdictions) to either pay the full amount or vacate.
What you should do:
- Check the notice carefully — it must state the exact amount owed, the property address, and your landlord’s contact information
- If you can pay, do so in full and get written confirmation
- If the amount is wrong, disputed, or you have a habitability defense, do not simply pay — contact a tenant attorney
- Keep a copy of everything
The 3-Day Notice to Perform Covenant or Quit
Served for curable lease violations — such as unauthorized pets, guests, or noise complaints. You have 3 days to fix the problem (“perform the covenant”) or vacate. If you cure the violation within 3 days, the eviction process stops.
The 3-Day Unconditional Notice to Quit
The harshest notice — served for serious or repeat violations including drug activity, significant property damage, or repeated lease violations after prior warnings. You cannot fix the problem. You must leave within 3 days or face an Unlawful Detainer lawsuit. This notice requires you to get legal help immediately.
30-Day and 60-Day Notices (No-Fault Evictions)
These notices are used when the landlord wants you to leave without any fault on your part — for example, to move a family member in, to sell the property, or under the Ellis Act. Under California law:
- 30-day notice applies if you have lived in the unit for less than 1 year
- 60-day notice applies if you have lived in the unit for 1 year or more
If your unit is covered by AB 1482 or a local just cause ordinance, a no-fault eviction also requires: (1) a valid just cause reason, and (2) relocation assistance equal to one month’s rent or more.
90-Day Notice
Required for certain no-fault evictions under specific programs such as Section 8 or government-subsidized housing terminations, and for rent increases of 10% or more.
What Happens After the Notice Period?
If you do not pay, fix the violation, or vacate after the notice period expires, your landlord must file an Unlawful Detainer lawsuit in the Superior Court. You will be served with a summons and complaint. You then have 10 business days to file a written response (Form UD-105) with the court.
At trial, you can raise legal defenses including: improper notice, retaliation, habitability issues, payment after the notice, acceptance of partial rent, or discrimination. Many evictions are dismissed on procedural grounds alone.
Your Most Important Rights
- You cannot be physically removed without a court order and sheriff involvement
- A landlord who changes locks, removes your belongings, or shuts off utilities without a court order commits an illegal lockout — punishable by $100/day in damages
- You have the right to cure a curable violation within the notice period
- Free legal aid is available in most California counties — contact one immediately upon receiving any notice