Eviction Notice Requirements

NOTE: None of the following information serves as legal advice. To find a tenant lawyer in your area go to out local resource directory. All of the below information is for tenants in private residences in California, and is does not necessarily apply to tenants in subsidized or LIHTC housing. See our Tenant Defense Toolkit for current eviction protections during COVID-19.

If you receive an eviction notice, make sure that it meets ALL the following notice requirements first! YOU DO NOT NEED TO LEAVE YOUR HOME IMMEDIATELY IF YOU RECEIVE AN EVICTION NOTICE. 
 

All eviction notices must...

  1. Be in WRITING.

    • If you were told to leave verbally or over the phone, that notice is NOT valid! 

    • Fill out this sample letter and give it to your landlord as soon as possible to let them know that you will continue to stay in your home! 

  2. Be served in person OR mailed and posted.

    • If you were told to leave over text, email, or any other form of electronic communication, that notice is NOT valid! 

    • Fill out this sample letter and give it to your landlord as soon as possible to let them know that you will continue to stay in your home!

  3. Have the proper notice time depending on the reason for the eviction. 

    • If you are served a notice without the proper notice time below, the notice is NOT valid! 

    • Fill out this sample letter and give it to your landlord as soon as possible to let them know that you will continue to stay in your home!

    • “3-day Notice to Pay / Cure or Quit”

      • If it is an “at fault” eviction, meaning that the reason for eviction is due to something the tenant did, such as violating the lease, subletting without permission, engaging in criminal activity, refusing to let the landlord in to make essential repairs, etc. 

      • If you believe that the eviction reason used for the 3-day notice is not correct, you can dispute the 3-day notice using this sample letter.

      • If you want to document that you have complied with a 3-day notice in order to stop the eviction, use this sample letter to show your cooperation to end the 3-day notice. 

    • “30-day Notice of Termination”

      • If it is a “no fault” eviction, meaning that the reason for eviction is due to something the landlord did AND the tenant has lived in the unit for less than 1 year 

    • “60-day Notice of Termination” 

      • If it is a “no fault” eviction, meaning that the reason for eviction is due to something the landlord did AND tenant has lived in the unit for more than 1 year

    • “90-day Notice of Termination” 

      • If the property was foreclosed

    • “120-day Notice of Termination”

      • If tenant it is an Ellis Act eviction, meaning that the property is being removed from the rental market and turned into something that will no longer be used for rental housing 

      • NOTE: the landlord just selling the property DOES NOT count as an Ellis Act eviction, because that does not mean that the property will be removed from the rental market necessarily. 

    • IMPORTANT: if your notice is due to not being able to pay rent due to something related COVID-19, please visit our Eviction Protections webpage. 

 

Discrimination, Harassment, Retaliation Reminders for Eviction Notices 

  • "Self-Help" Evictions by a landlord or master tenant are CRIMINAL. Landlords and master tenants must follow a long legal process in order to evict a tenant in California and CANNOT change the locks or throw out someone's personal belongings without going through courts. If your landlord has tried to lock you out or remove your belongings, fill out our Lock Out Sample Letter to inform your landlord of your rights and turn it in it to the landlord.
  • Retaliation by your landlord or master tenant is PROHIBITED.
    • If a tenant asserts their rights to the landlord, such as the right to safe and sanitary housing, and a landlord attempts or threatens to evict, increase the rent or cause the tenant to leave within 180 days of the tenant having asserted their rights, the landlord is presumed to be retaliating against the tenant. 
    • Fill out our Retaliation Sample Letter to assert your rights against retaliation and provide it directly to the landlord.
  • Discrimination is always PROHIBITED. Landlords are prohibited from evicting or threatening to evict you based on your race, color, national origin (ethnicity), religion, gender, marital status, familial status, disability, sexual orientation (FEHA), gender identity (FEHA), source of income, medical condition. Fair Housing Act Fair Employment & Housing Act Govt. Code 12900—Unruh Act, Civil Code 51, 54
    • In this same way, discrimination because of your immigration status is PROHIBITED. If your landlord is threatening to call immigration officials on you or your family as a way to harass you to leave, fill out our Immigrant Status Threats Sample Letter and provide it to the landlord. 
 

Sample Letters

  • To review more sample letters to make communication and documentation with the landlord easier, please go HERE. 
 

Fighting to Stay - We are Stronger Together! 

 
Throughout California, we've seen people band together with their neighbors, community members, and loved ones to collectively fight their evictions! Time and time again, we see that this is the most effective way to build long-term stability and staying power. To learn more about how to talk to your neighbors, and organize to stay in your community check out our page on forming a tenants union HERE. 

 

Help build power for renters' rights: