Housing & Tenant · Eviction Notice
Eviction Notice in California
How many days of written notice a landlord must give before filing an eviction in California, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in California
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in California | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stay3 days | A 3-day notice to pay rent or quit. The 3 days exclude Saturdays, Sundays, and judicial holidays (operative February 1, 2025), and the notice must state that exclusion. Pay the full amount owed within the period and the tenancy continues. |
| Curable lease violation | Can fix and stay3 days | A 3-day notice to perform covenant or quit for a violation you can fix, such as an unauthorized pet. Correct it within the 3 days (again excluding weekends and holidays) and you keep the tenancy. |
| Serious or incurable violation | 3 days | For nuisance, waste, illegal use of the unit, or unlawful subletting, the landlord serves a 3-day notice to quit with no chance to cure. |
| No-cause end of a month-to-month tenancy | 30 / 60 days | 30 days if the tenant has lived there less than a year, 60 days once they have lived there a year or more (Civ. Code §1946.1). For units covered by the Tenant Protection Act, the landlord must also state a just cause. |
| End of a fixed-term lease | None by statute | A fixed lease ends on its own date, and no statutory notice is needed to decline renewal, unless the lease or a just-cause rule requires one. |
| Just-cause rules | Overlay | The Tenant Protection Act of 2019 (Civ. Code §1946.2) covers many units once the tenant has lived there 12 months. For those, the landlord must give a just cause to end the tenancy, and a no-fault cause also requires one month of relocation assistance. |
| After the notice | Court | If the tenant does not comply within the notice period, the landlord files an unlawful detainer lawsuit. The tenant is served with a summons and has a short window (usually 5 days) to respond in writing, or the landlord can seek a default. |
| Statute | Cal. Civ. Proc. Code §1161; Cal. Civ. Code §1946.1 | The controlling statute for these notice periods. Read the full text through the source link below. |
The weekend-and-holiday exclusion for 3-day pay-or-quit and cure notices took effect February 1, 2025 under Assembly Bill 2347. Older forms that count plain calendar days are now out of date.
What you can do right now
Concrete, neutral steps if you have received an eviction notice in California. This is legal information, not legal advice.
- Read the notice and count the days correctly
Check what kind of notice you received and its date of service. For a 3-day pay-or-quit or cure notice, do not count Saturdays, Sundays, or court holidays. That often gives you more time than three calendar days to pay or fix the problem.
- Pay or cure within the period if you can
For unpaid rent, paying the full amount stated within the notice period stops the case. For a curable violation, fixing the problem within the period keeps your tenancy. Keep proof of payment or of the fix.
- Respond to any court papers on time
If the landlord files an unlawful detainer, you are served with a summons and complaint. You usually have only about 5 days to file a written response. Missing that deadline can let the landlord win by default, so act quickly.
- Get California eviction help
The California Courts self-help center explains each notice type, the deadlines, and how to respond. A local legal aid office or tenant-rights group can review your specific notice.
If you have received a notice, you can still act. This resource explains your rights and the deadlines, and points you to local help.
→ California Courts Self-Help (Eviction)This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What California renters get wrong
California renters often think an eviction notice is a single deadline. It is not. The number depends entirely on why the landlord is ending the tenancy. For unpaid rent, the landlord serves a 3-day notice to pay rent or quit under Code of Civil Procedure §1161, and as of February 1, 2025 those 3 days skip Saturdays, Sundays, and court holidays, so the real deadline is usually longer than three calendar days. A fixable lease violation gets its own 3-day notice to cure, while a serious violation like nuisance or illegal use gets a 3-day notice to quit with no chance to fix it. Ending a month-to-month tenancy for no cause is different again: 30 days if you have lived there under a year, 60 days once you pass a year, under Civil Code §1946.1. On top of all that, the Tenant Protection Act requires a stated just cause for many units once you have been there 12 months. A notice is only the first step; the landlord still has to file in court and win before you can be removed.
Common questions
How many days notice does a landlord give before eviction in California?
It depends on the reason. Unpaid rent gets a 3-day notice to pay rent or quit, and those 3 days now exclude Saturdays, Sundays, and court holidays. A curable lease violation gets a 3-day notice to cure. Ending a month-to-month tenancy for no cause takes 30 days if you have lived there under a year, or 60 days if a year or more.
Do weekends count in a California 3-day notice?
No. As of February 1, 2025, the 3 days in a pay-or-quit or cure notice exclude Saturdays, Sundays, and judicial holidays under Assembly Bill 2347. The notice itself must state that exclusion. So a 3-day notice served on a Thursday can give you until the middle of the next week to pay or fix the problem.
Can my landlord evict me in California without a reason?
Often no. For units covered by the Tenant Protection Act of 2019, once you have lived there 12 months the landlord must state a just cause to end the tenancy. For units that are not covered, a landlord can end a month-to-month tenancy with 30 or 60 days notice depending on how long you have lived there.
What happens after the 3-day notice period ends in California?
If you have not paid or cured, the landlord can file an unlawful detainer lawsuit. You are served with a summons and complaint and usually have about 5 days to file a written response. Only a court, not the landlord, can order you removed, and only a sheriff can carry it out.
Does a California eviction notice have to be in writing?
Yes. The notice must be in writing, state the reason, and give the correct period for that reason. For a pay-or-quit notice it must also state the amount of rent due and how to pay, and include the language about excluding weekends and holidays. A defective notice can be a defense in the court case.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.