(6) Free California Eviction Notice Templates to Download

In California, an eviction notice should:

  • Be given to a tenant in an event of lease agreement violation
  • Highlight the violations committed by the tenant
  • Highlight if the violations are curable or incurable
  • The period required for the tenant to cure the issues at hand
  • Highlight the repercussions of the failure of adhering to the notices (The tenant either cures, vacates the premises, or faces the law)

Given the specific violations, the landlord should choose the California eviction notice appropriately before sending it to the tenant.

California Eviction Resources

The process, tips on how to go about and the relevant procedures and forms required for eviction in California are found under:

  • The California Landlord’s Law Book
  • California Tenants’ Rights
Landlord and Tenant Requirements

The California eviction law requires the landlord to follow the right process when serving the eviction notices. In cases where the notices are not legally served, the landlord can be sued by the tenant. The eviction notices must have:

  • The date the eviction notice is served
  • The eviction reasons
  • The number of days given to the tenant to vacate the premises or cure the issues
  • Be legally served following California state laws

Once the tenant receives the eviction notice, they should read it carefully and make sure they understand the requirements of the notice. Queries regarding the notice can be directed to the landlord for easier understanding.

In cases where the tenant feels right to contest the eviction, or the eviction has been served illegally, they can seek legal assistance and handle the matter in court according to California state laws.

California Eviction Laws

Rent Grace period

The rent grace period is followed according to the specifications on the lease agreement.  There is no specific statute on the rent grace period in California.

Rent Non-payment

According to CA Civ Pro Code § 1161(2), the landlord is supposed to give the tenant three days to pay rent or quit.  The landlord can file for an eviction lawsuit if the tenant fails to pay the rent in full within the given days.

Non-Compliance

The landlord is supposed to give the tenant three days’ notice to cure if they violate the terms of the lease/rental agreement according to CA Civ Pro Procedure §1161(3).

Termination

According to Cal. Code of Civ. Proc. § § 1946 and 1946.1, the landlord must give a 30-day notice for a month-to-month lease for the tenants who have stayed for less than a year. A 60-day notice should be given to the ones who have stayed for over a year before terminating their tenancy.

Domestic Violence Victim

According to Calif. Civil Code § 1946.7, a tenant can write a notice to terminate their lease if there are cases of domestic violence, stalking, or sexual assault. In this case, the tenant is responsible for the rent due while the landlord is responsible for retracting the requirements of the lease term.

Tenant Eviction Defenses

A tenant can fight the eviction process in a bid to increase the amount the lawsuit takes. Some of the common grounds for the defense include:

  • Procedure mistakes such as an illegal serving of the notice
  • Not taking the required time before filing the eviction lawsuit
  • The tenant could indicate that the rental unit was not well-maintained
  • The tenant could raise issues on discrimination in given ways from the landlord

Frequently Asked Questions

Why is eviction notice given?

In California, eviction notice is given in cases where the tenant has violated the terms of their lease agreement. The notices given can be curable or incurable.

Can one file for evictions in California in 2021??

If the tenants have a rent relief application under review, the landlords cannot move forward with eviction between now and March 31st 2022. Even if they filed for the evictions, the tenants will use the pending rent relief as their defense in the eviction court.

Can a landlord evict a tenant for complaining?

A landlord cannot evict a tenant for making a complaint against them or for discrimination based on the tenant’s race, color. Disability, religion or sex.

How long can on be late for rent before eviction?

The landlord can give a tenant three to five days to pay the rent and the late fees where they apply before facing eviction.

What is a 3 day quit notice in California?

It is a notice given to the tenant that indicates that if they do not pay the due rent within three days they will face the eviction process. You can download a 3 Day Notice to Quit Template here.

What does an eviction notice entail in California?

The eviction notice should highlight the violations committed by the tenant and period to cure the issues or move out of the premises.

Can a tenant fight eviction in California?

Yes. A tenant can fight eviction if it was illegally served, did not follow the required duration before filing or the tenant has faced discrimination in any way from the landlord.

Can a tenant give 30-day notice in the middle of the month?

Yes. The state of California allows the tenant to give a notice in the middle of the month for the month-to-month tenancy and move out in the middle of the following month.

What is the length of the eviction process?

The eviction process in California can be long, expensive and tiring given the many factors to consider such as location of the premises, type of notice served and the court work overload. It can take between 45 and 75 days to complete the process.

What is no fault eviction in California?

It is an eviction where the landlord wants the tenant to vacate the premises for other reasons other than the tenant violating the terms of the lease agreement. The limited reasons for such are stated under Civil Code 1946.2(b)(2).