The California 90 day notice to quit form is used when the tenant is receiving “Section 8” housing assistance in a month to month lease, and the landlord decides to terminate the housing assistance program (HAP) contract. Once served with the notice, the tenant has ninety (90) days to vacate the rental property. If the tenant does not vacate the property within that time frame, the landlord has the legal authority to begin the eviction process in a California superior/trial court. Laws – CC § 1946.1 How to Write Step 1 – Download the form in Adobe PDF. Step 2 – Print the form
California Eviction Notices | 3, 30, 60, and 90 Day Notices to Quit
The California eviction notices inform a tenant that they have violated their lease or the landlord’s intention that they no longer want the tenant on the property. For late rent or non-compliance issues, the tenant will have three (3) days to remedy the issue or vacate the premises. If the tenant decides to do neither the landlord will be able to have them removed by filing an unlawful detainer lawsuit with their county court.
Non-Payment – 3 days CC § 1161(2)
Non-Compliance – 3 days CC § 1161(3)
Lease Termination (Month-to-Month Tenancy) – 30 days for tenancy under 1 year, 60 days if tenancy is over 1 year, and 90 days if it is Section 8 housing CC § 1946.1
The California Sixty (60) Day Notice to Quit form is used by landlords to notify tenants on a month-to-month rental agreement* of the termination of their tenancy. *The sixty (60) day notice to quit/vacate form is only applicable to tenants who have rented the property for over one year, and are currently on a month-to-month agreement. Landlords do not need to provide a specific reason for the termination of a month-to-month rental agreement, however tenants are protected under California law from “retaliatory/discriminatory” evictions. Laws – CC § 1946.1 How to Write Step 1 – Download in Adobe PDF. Step 2 – In the first
In accordance with §1161, the California thirty (30) day notice to quit form is used for standard month-to-month rental agreements in which the tenant has been renting the property for less than one full year. Although landlords do not need to specify any reason to terminate a month-to-month tenancy, they cannot terminate one based on discriminatory/retaliatory grounds. Laws – CC § 1946.1 How to Write Step 1 – Download the thirty (30) day notice to vacate/terminate tenancy in Adobe PDF. A screenshot of the form can be seen below. Step 2 – In the “DATE” section, enter the current date (day/month/year), as well as the
The California three (3) day notice to quit or vacate is used by landlords when a tenant has violated the lease agreement in a way that is not rectifiable. Upon receipt of this notice, the tenant has three days to vacate the rental property. If the tenant does not vacate the premises, the landlord can begin the lawsuit eviction (aka unlawful detainer) process at the local superior/trial court. Laws – CIV § 1161(4) How to Write Step 1 – Download in Adobe PDF. Step 2 – At the top of the form enter the date (day, month, year) and location of the rental property
The California three (3) day notice to comply or quit is used by the landlord when a tenant has broken a written part of the lease agreement, and when the violation is correctable. The notice states that the tenant must either correct their violation or move out of the property within the three-day period. Failure to correct the violation or move out provides legal grounds for the landlord to begin the eviction lawsuit process at a superior/trial court. Laws – CIV § 1161(3) How to Write Step 1 – Download in Adobe PDF. Step 2 – At the top of the form
The California three (3) notice to pay or quit, in accordance with Statute 1161, is served by a landlord to a tenant that has not paid his or her rent in a timely manner. The tenant has the option to either pay the past-due rent, or “quit” (vacate the rental property). After the three-day period has lapsed and the tenant has failed to move out or pay the rent, the landlord has the legal right to begin an unlawful detainer (aka eviction lawsuit). How to Write Step 1 – Download in Adobe PDF. Step 2 – At the top of the form,
How to Evict a Tenant (Process)
Step 1 – Use the proper notice depending on if the tenant is being evicted due to:
Failure to Pay Rent – The landlord must issue a 3-day notice to either pay the rent or vacate the property. If the rent is not paid within the 3 day period, or the tenant does not vacate the property, the landlord can begin the eviction lawsuit process.
Material Violation (Non-Compliance) – Tenants who have violated the lease agreement also have to be served with a 3-day notice as well. The 3-day period is designed to allow the tenant to remedy their correctable violation and remain a lawful renter of the property. If they do not correct their violation within the 3-day period, the landlord can then begin the unlawful detainer process.
Illegal Activity – Tenants who are conducting illegal activities in the rental property are required to vacate the property within the 3-day notice period.
Lease Termination (Month-to-Month Lease) – Tenants who are renting on a month-to-month basis must be given thirty (30) days notice. Tenants who have leased/rented the same property for more than one year are required to be given sixty (60) days notice.
Step 2 – The notice should be personally delivered to the tenant if possible. If not possible, the notice can be left at the rental property of the tenant with a person 18 years or older, or at the tenant’s place of employment. This option is known as “substituted service.” If using this option, the landlord must also mail a copy of the notice directly to the tenant (certified mail is recommended). Landlords can also post the notice on the main door of the rental property (but must mail a copy to the tenant as well). After the notice has been served in one of the manners described above and the waiting/notice period has lapsed, the landlord can begin the eviction lawsuit process.
Step 3 – The only method available to a landlord to legally evict a tenant in the State of California is to file an Unlawful Detainer in a local superior (i.e. trial) court. The landlord can only file the unlawful detainer (aka eviction lawsuit) after the required amount of notice has been given to the tenant (ranging from 3, 30, and 60-day periods).
Step 4 – The following 3 forms are required to initiate the eviction lawsuit process:
The Unlawful Detainer Complaint and Civil Case Cover Sheet must be submitted to the superior/trial courthouse in the county where the rental property is located. After submitting these forms in-person at the courthouse, you will receive a copy of the stamped complaint form, as well as a Summons that you must serve to the tenant.
Note: If there is more than one person living in the rental property (who is not a tenant), the landlord must serve them a “Pre-Judgement Right of Possession” form (along with a copy of the detainer complaint and the summons). This form ensures that any unnamed occupants are listed as defendants in the lawsuit.
Step 5 – The landlord must then serve the tenants and any unnamed occupants with a copy of the unlawful detainer complaint, the summons form, and the pre-judgement right of possession form (if applicable). These documents cannot be posted on the documents door/property, they must be personally delivered or sent via certified mail.
When the tenant has been served, file a proof of service at the courthouse. The tenant has 5 days to respond to the summons. After this 5-day period, the landlord can request a default judgement at the courthouse.
Afterwards, the clerk will schedule a court date, and the landlord must provide enough evidence to prove that they followed the legal eviction process, and that the tenant has defaulted.
Step 6 – Barring any sort of default judgement, the next step of the process is to request a trial date for the initial unlawful detainer complaint (both the landlord and the tenant can request a trial date). It is important to note that there are several ways that a tenant can legally object the notice, service, or actual complaint. If this occurs, the landlord will be required to serve the tenant for a second time. If the service, notice, or complaint is objected again (and the court sides with the tenant), then the entire lawsuit will be dismissed.
Step 7 – At the trial, both the landlord and the tenant will have the opportunity to show their side of the case. It’s recommended that as much supporting documentation as possible is collected in order to use during the trial. If the court rules in favor the landlord, the tenant will be given a period of five days to vacate the property. After the five-day period, the local sheriff’s office has the authority to physically lock the tenant out of the rental property. If the lawsuit is ruled in favor of the landlord, the tenant will most likely have to pay past-due rent, legal fees, and other associated penalties (dependent on the rental agreement).