A California Eviction Notice is the official document sent to a tenant that is in breach of their lease agreement to request that they rectify the matter or vacate the property. Essentially, it begins the legal eviction process in the state and must be sent before a landlord files an eviction lawsuit with the Superior Court in their area.
How to Write a California Eviction Notice
When a landlord identifies a breach in the lease agreement, California laws allow them to evict the violating tenant if they follow due process, which includes the following steps:
Step 1: Serving the Notice
The landlord sends the tenant a proper notice depending on the nature of their breach and the corresponding housing laws. The types to choose from include:
- A 3-Day Pay or Vacate Notice
- A Curable 3-Day Comply or Vacate Notice
- An Incurable 3-Day Non-Compliance Notice
- A 30-Day Lease Termination Notice
- A 60-Day Lease Termination Notice
Step 2: Filing a Case
If the tenant fails to alleviate the violation or vacate the premises within the prescribed timeline, the landlord files legal action with the Superior Court. They must complete and file Cover Sheet, Complaint, and Summons.
Step 3: Serving the Tenant
The Summons must be filed upon the tenant by a civil process server to inform them of the eviction lawsuit. The tenant then files an Answer with the court within 5 or 15 days of being served, if they were served in person or by mail, respectively.
Step 4: Going to Trial
In case the tenant fails to respond, the landlord may file for a default judgment. If they do respond, both parties must appear in court to argue their cases. The judge will then make a judgment and may issue a Writ of Possession to authorize an eviction.
Step 5: Evicting the Tenant
If the court laws in the landlord’s favor, the landlord may present the Writ of Possession to the County Sherriff’s Office to permit the local sheriff to execute the eviction.
When Is Rent Due in California?
Rent in California is considered due on the date indicated in the lease agreement and is late when the rent has not been paid by that date. Once the landlord establishes that the rent is late, they can send a pay or vacate notice.
California Eviction Laws and Requirements
Related California Court Forms
The following are the legal forms involved in the eviction process in California:
- Cover Sheet (Form CM-010) – This form is filed alongside the formal Complaint to summarize the statistics involved in the case.
- Complaint (Form UD-100) – This is the main form filed by the landlord or their attorney to explain the reasoning behind the eviction.
- Summons (Form SUM-130) – This document is filed with the Complaint and is the official notice of a legal eviction action. A copy is usually delivered to the tenant.
- Proof of Service – Once the Summons is delivered to the tenant, this document is complete and filed with the court clerk by the landlord.
- Answer (Form UD-105) – This is the form that indicates whether the tenant agrees with or denies the landlord’s claims.
- Request to Set Case for Trial – This document indicates the date when the case will take place, the type of trial, the matters likely to be resolved, and the estimated duration.
- Judgment for Unlawful Detainer (UD-110) – This document is filled out at the end of the case to record the outcome.
- Writ of Possession (EJ-130) – This form permits the sheriff’s department to remove the tenant and their possessions from the property if necessary.
How to Write a California Notice to Quit
To write a proper notice to quit (eviction notice), you must first locate the original lease agreement and refer to it during the drafting process. You should then follow this procedure:
Step 1 – Identify the tenant by name and contact information. Note the current date, your name, and property address, then supply a suitable subject line.
Step 2 – Summarize lease details such as the lease dates and signature date. Briefly mention the nature of the violation and refer to the lease.
Step 3 – Describe the violation and prescribe a course of action as follows:
- For a pay or vacate notice, mention the rental period and total due amount. Request that the tenant pays the total within the required time and provide payment details.
- For a curable non-compliance notice, describe the violation and provide instructions to rectify the issue within the required time.
- For an illegal activity notice, describe the activity and demand that the tenant vacate the premises immediately.
- For a lease termination notice, identify your role, i.e., landlord or tenant, explain your reason for the termination, and provide an effective date that provides sufficient notice.
Step 4 – Issue the eviction notice by clearly stating your intent to pursue legal action if the tenant does not respond appropriately.
Step 5 – Authenticate the notice by signing under your full name.
Step 6 – Sign the delivery certificate.
California 3-Day Notice to Quit (Non-Payment of Rent)
A California 3-Day Notice to Quit for rent non-payment notifies a tenant that their rent is due and gives them 3 days to pay or move out.
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: Pay or Vacate
Dear {Mr./Mrs./Ms. Last Name},
This letter is to inform you that your rent of {amount} for the duration from {date} to {date} for the property located at {property address} is now due and payable.
To avoid being evicted from the premises, you are required to pay this amount within 3 days of the date of service of this notification. Rent is to be paid to {account number} through {method of payment}.
Failure to do so will lead to legal proceedings being filed against you.
Sincerely,
{Your Name}
{Your Signature}
California 3-Day Notice to Quit (Non-Compliance – Curable)
A curable California 3-Day Notice to Quit highlights a tenant’s violation of the lease agreement that does not involve rent payment. It gives them 3 days to remedy the situation or vacate the premises.
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: Comply or Vacate
Dear {Mr./Mrs./Ms. Last Name},
This is regarding your lease agreement dated {signature date} for the property located at {property address. You have breached the terms of this lease by {describe violation}.
You are required to rectify this matter by {suggest solution} within three days of service of this letter or deliver possession of the premises to the landlord.
If you don’t cure the violation or move out by {deadline}, legal proceedings may be initiated against you.
Sincerely,
{Your Name}
{Your Signature}
California 3-Day Notice to Quit (Non-Compliance – Incurable)
An incurable California 3-Day Notice to Quit gives a tenant 3 days to vacate a property when they breach their lease agreement beyond repair, such as when they engage in illegal activity.
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: 3-Day Eviction Notice
Dear {Mr./Mrs./Ms. Last Name},
You are currently in the breach of your lease agreement dated {signature date} for the property located on {property address}. It has been confirmed that you {describe violation}.
You are required to vacate the premises within 3 days of service of this notice. If you fail to give the possession of the premises to the landlord by {deadline}, legal proceedings will be initiated against you.
Sincerely,
{Your Name}
{Your Signature}
California 14-Day Notice to Quit (Domestic Violence Victim)
The California 14-Day Notice to Quit is a special eviction notice filled out to terminate a lease by a tenant who claims to have been a victim of domestic violence or stalking. Under California law, a landlord that receives this notice is obligated to release the tenant from the lease, but the tenant is still responsible for any back or due rent.
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: Lease Termination Notice
Dear {Mr./Mrs./Ms. Last Name},
I, {tenant’s name}, signed a lease agreement on {signature date} for the property located at {property address}. On {date of incident}, I was the victim of {domestic violence/stalking/human trafficking etc.}. In accordance with Civil Code 1946.7, I intend to terminate my tenancy.
I fully intend to pay my rent for the 14-day period provided in this notice. I, however, request to be released from further obligations beyond {date}.
Sincerely,
{Your Name}
{Your Signature}
California 30-Day Notice (Month to Month Tenancies Under 1 Year)
The California 30-Day Notice to Quit effectively terminates a month-to-month lease that has been in place for less than a year. Either party can send it.
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: Lease Termination {By Landlord}
Dear {Mr./Mrs./Ms. Last Name},
You are, hereby, notified that the lease agreement dated {signature date} for the property located at {property address} is terminated effective {day that is 30 days from current date}.
You must peaceably deliver possession of the premises to the landlord on or before {deadline}. If you fail to do so, legal proceedings will be instituted against you.
Please note that this termination notice does not relieve you of rent payment.
Sincerely,
{Your Name}
{Your Signature}
California 60-Day Notice (Month to Month Tenancies Over 1-Year)
The California 60-Day Notice to Quit effectively terminates a month-to-month lease that has been in place for a year or more. It can be sent by either party.
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: Lease Termination {By Tenant}
Dear {Mr./Mrs./Ms. Last Name},
This notice is intended as a 60-day notice of the termination of my month-to-month tenancy. On {date}, I will deliver possession of the premises located at {property address} to {landlord name}.
I know that this notice does not relieve me of my rent payment obligations. I will also expect a refund of my deposit of {amount} on {date} to be paid to {account details}.
Sincerely,
{Your Name}
{Your Signature}
The eviction process in California only begins when the landlord sends a violating tenant an accurate California Eviction Notice. The document must be drafted in accordance with California housing laws and should identify the breach, request that it be fixed if the matter is curable, and state the landlord’s legal intent in the event of non-compliance.
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