What follows is a free eviction notice in California template, plus a guide to filling it out correctly. If you read past the download buttons, you will pick up the patterns that make these documents enforceable and the patterns that get them thrown out. The combination matters more than the template itself.
This page provides a free, California-compliant Eviction Notice template in both PDF and Microsoft Word format. The template incorporates California-specific statutory references, mandatory disclosures, and best-practice provisions. Download the version that fits your workflow, customize the bracketed fields, and execute according to the signing instructions below.
A Concrete Example
A tenant in California stops paying on the first of the month. On the fifth, the landlord serves a pay-or-quit notice. Under California law, the tenant has 3-14 days (depending on the state) to either pay in full or vacate. If they do neither, the landlord files an unlawful detainer / dispossessory action in housing court. From notice service to writ of possession typically runs 30-60 days for uncontested cases, 90-180 days for contested ones.
The single most common reason eviction actions are dismissed: the pay-or-quit notice was defective. Wrong cure period (used 3 days where 7 was required), demanded the wrong amount (included late fees on top of rent when state law requires demanding rent only), or was improperly served. Each of those is grounds for dismissal — which then forces the landlord to start over from a new notice, losing weeks. The template below uses the right format for each state, with proper service certifications attached.
California Eviction Notice: Legal Framework
California recognizes several distinct types of pre-eviction notices, each with its own cure period and use case:
- 3-Day Notice to Pay Rent or Quit (CCP §1161(2)): Used when the tenant has failed to pay rent. The notice must state the exact amount of rent due (no late fees, interest, or other charges) and must give the tenant 3 court days to pay in full or vacate.
- 3-Day Notice to Cure or Quit (CCP §1161(3)): Used for a curable lease violation (unauthorized pet, excess occupants). The tenant has 3 days to cure or vacate.
- 3-Day Notice to Quit (CCP §1161(4)): Used for non-curable violations (illegal activity, nuisance, substantial property damage). No opportunity to cure.
- 30-Day or 60-Day Notice (Civil Code §1946.1): For terminating a month-to-month tenancy without cause. 30 days if tenancy is under 1 year, 60 days if over 1 year.
- AB 1482 Just Cause Notice: For tenancies subject to AB 1482 (statewide rent control), a «just cause» must be stated and (for «no-fault» causes) relocation assistance paid.
California requires service by personal delivery, substituted service (leaving with someone of suitable age plus mailing), or posting and mailing. Defective service is the most common ground for dismissal.
Key Provisions to Include
- Tenant identification. Full name of every tenant on the lease. Missing a tenant invalidates the notice as to that tenant.
- Property address. Complete address including unit number.
- Reason for notice. Specify the ground — non-payment, lease violation, holdover, etc. State the statutory subsection.
- Amount due (if non-payment). Exact rent owed, with no inclusion of late fees, interest, attorney fees, or charges other than rent (states differ on what may be demanded with rent).
- Cure period. The exact deadline for cure or vacancy, expressed as a specific date if possible.
- Landlord contact information. Address and phone where the tenant may deliver rent or cure.
- Service certification. Method, date, and time of service, signed by the person who served the notice.
- Signature. Landlord’s or property manager’s signature and date.
Common Mistakes to Avoid
- Including non-rent charges in a pay-or-quit notice. Most states limit the demand to rent only. Including late fees or other charges invalidates the notice.
- Miscounting the cure period. Calendar days vs. court days, weekends and holidays, and the date of service vs. expiration all matter. Off-by-one is fatal.
- Improper service. Personal delivery is always preferred. Posting alone is rarely sufficient without proof the tenant could not be located.
- Filing the eviction action before the notice expires. Premature filing requires dismissal and re-service.
- Accepting partial payment. In most states, accepting partial rent waives the right to evict for non-payment of that period. Have a written agreement before accepting partial payment.
- Self-help. Changing locks, removing tenant property, or shutting off utilities is illegal in every state and exposes the landlord to substantial damages.
- Wrong notice type for the ground. A 3-day pay-or-quit cannot be used for a lease violation; a 30-day no-fault notice cannot be used to evict for non-payment.
Frequently Asked Questions
What is the difference between a notice to quit and an eviction?
The notice is the pre-litigation demand. The eviction (unlawful detainer / summary process / Housing Court action) is the court case the landlord files if the tenant does not cure or vacate by the notice deadline.
Can a landlord evict without a court order?
No. Self-help eviction — changing locks, removing belongings, shutting off utilities — is illegal in every U.S. state. Only a sheriff or marshal acting on a court-issued writ may physically remove a tenant.
How long does the entire eviction process take?
It varies dramatically by state. Texas and Florida summary proceedings can take 21-45 days from notice to writ of possession. California typically takes 45-90 days. New York can take 6-12 months in NYC Housing Court.
Can I evict for non-payment if the tenant pays after the notice expires?
Generally, if the tenant pays the full demanded amount within the cure period, you must accept it and dismiss the action. Acceptance after expiration but before filing is usually treated as waiver.
Does the tenant have a right to a jury trial?
In most states, yes, for unlawful detainer / eviction cases, but the tenant must affirmatively demand jury trial and may have to post a bond.
Can I evict during a lease term for non-payment?
Yes. The lease term does not protect the tenant from eviction for material breach of the lease, including non-payment of rent.
What if my tenant is military?
The federal Servicemembers Civil Relief Act (SCRA) provides protections — leases can be terminated on PCS orders, and evictions of active-duty military or their dependents require court approval and a stay if the service member’s rights are materially affected.
Do I need a lawyer to evict?
Many states allow landlords to file eviction actions pro se, particularly in small claims or justice court. For commercial evictions, complex disputes, or cases with multiple tenants, an attorney is recommended.
Download the Free California Eviction Notice
Both versions below are the same California-compliant document, formatted for different workflows. The PDF is ready to print and execute. The Word version is editable in Microsoft Word, Google Docs, or LibreOffice.
This page is published as a free educational resource and does not replace advice from a licensed attorney in your state. The template incorporates widely accepted provisions, but every transaction has facts that may require customization. If your situation involves significant money, complex parties, or specific compliance questions, an hour with an attorney is cheaper than redoing the document later.
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