California eviction notice rules
Checked against California Legislative Information (leginfo.legislature.ca.gov) on 2026-10-13. Official source.
| Notice | Rule | Statute |
|---|---|---|
| Pay rent or quit | 3 days, not counting Saturdays, Sundays and judicial holidays. The notice must state the amount due and the name, phone number and address of the person to pay (plus the usual days and hours they accept payment in person, or bank account details, or an existing electronic transfer method).The notice may be served any time within one year after the rent became due.A landlord may not charge the tenant a fee for serving the notice (§ 1161(6)). | Cal. Code Civ. Proc. § 1161(2) |
| Cure or quit | 3 days, not counting Saturdays, Sundays and judicial holidays, to perform the broken lease condition or give up possession. | Cal. Code Civ. Proc. § 1161(3) |
| Unconditional quit | 3-day notice to quit for assigning or subletting against the lease, committing waste, maintaining a nuisance, or using the premises for an unlawful purpose. No chance to cure. | Cal. Code Civ. Proc. § 1161(4) |
| Notice to vacate (landlord) | At least 60 days if every tenant has lived there 1 year or more; at least 30 days if anyone has lived there less than 1 year.The abandoned-property statement required by § 1946.1(h) is added to the notice automatically.This notice may also be sent by certified or registered mail (§ 1946.1(f)). | Cal. Civ. Code § 1946.1(b), (c) |
| Notice to vacate (tenant) | A tenant gives notice at least as long as the rent period (30 days for a monthly tenancy). | Cal. Civ. Code § 1946.1(b) |
How to serve an eviction notice in California
Personal delivery; or, if the tenant is absent from home and work, leaving a copy with a person of suitable age and discretion and mailing a copy; or, if neither works, posting a copy in a conspicuous place on the property, giving a copy to a person living there if one can be found, and mailing a copy.
- Personal delivery to the tenant
- Substituted service + mail
- Post and mail
- Certified or registered mail (termination notices only)
Source: Cal. Code Civ. Proc. § 1162(a)
Before you serve
- Many California tenancies are also covered by the Tenant Protection Act (Civ. Code § 1946.2) and local rent or just-cause ordinances, which can require a stated just cause and extra notice language. Check before you serve.
Compare with other states on the eviction notice periods by state table.
Frequently asked questions
How many days' notice for unpaid rent in California?
3 days, not counting Saturdays, Sundays and judicial holidays. The notice must state the amount due and the name, phone number and address of the person to pay (plus the usual days and hours they accept payment in person, or bank account details, or an existing electronic transfer method). Source: Cal. Code Civ. Proc. § 1161(2).
How much notice does a California landlord give to end a month-to-month tenancy?
At least 60 days if every tenant has lived there 1 year or more; at least 30 days if anyone has lived there less than 1 year. Source: Cal. Civ. Code § 1946.1(b), (c).
How much notice does a California tenant give to move out?
A tenant gives notice at least as long as the rent period (30 days for a monthly tenancy). Source: Cal. Civ. Code § 1946.1(b).
How is an eviction notice served in California?
Personal delivery; or, if the tenant is absent from home and work, leaving a copy with a person of suitable age and discretion and mailing a copy; or, if neither works, posting a copy in a conspicuous place on the property, giving a copy to a person living there if one can be found, and mailing a copy. Source: Cal. Code Civ. Proc. § 1162(a).
Is this California eviction notice legal advice?
No. It is a template and a summary of the statute as we read it on the date shown. Local ordinances, rent regulation, subsidized housing and federal rules can add requirements. Talk to a licensed attorney or legal aid if you are unsure.
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Last updated · Written by the EvictionNoticeMaker editorial team and checked against the official state statutes cited on each page. Templates and general information, not legal advice.