California Eviction Notice Law
California's notice period for unpaid rent is 3 business days (3-day notice to pay rent or quit). For a lease violation it is 3 days, and the tenant gets a chance to fix the problem.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Not legal advice. A defective notice can restart an eviction case; ask a California attorney or court self-help center before serving one. See our disclaimer.
California eviction notice rules at a glance
| Notice for unpaid rent | 3 business days (3-day notice to pay rent or quit)Cal. Code Civ. Proc. § 1161(2) |
|---|---|
| Notice for a lease violation | 3 days (chance to cure)Cal. Code Civ. Proc. § 1161(3), (4), Cal. Civ. Code § 1946.2(b)(1)(B), (c) |
| Ending a month-to-month tenancy (no-fault) | 30 days (either side)Cal. Civ. Code § 1946.1(b)–(d), Cal. Civ. Code § 1946.2(a) |
Notice for unpaid rent
- In effect since .
- Before : 3 calendar days, including weekends and holidays.
What California law says
What notice must a California landlord give before filing an eviction for unpaid rent?
Before filing for unpaid rent, serve a written 3-day notice to pay rent or quit that excludes Saturdays, Sundays and judicial holidays, states the exact rent owed (no late fees) and who/where/how to pay (Cal. Code Civ. Proc. § 1161(2)).
How much notice is required for a lease violation in California?
For a curable lease violation, serve a 3-day notice to perform covenants or quit (excluding weekends and judicial holidays); incurable breaches such as nuisance, waste or illegal use allow a 3-day notice to quit with no chance to cure (Cal. Code Civ. Proc. § 1161(3), (4)).
How much notice ends a month-to-month tenancy in California?
To end a month-to-month tenancy a landlord must give 60 days' written notice if the tenant has lived there a year or more (30 days if less), must state a just cause when the Tenant Protection Act applies, and the tenant must give 30 days' notice (Cal. Civ. Code §§ 1946.1, 1946.2) (Cal. Civ. Code § 1946.1(b)–(d)).
How California compares
No verified jurisdiction uses a shorter unpaid-rent notice.
None of California's 3 neighbors follows the same rule.
Local rules in California
Many California cities and counties add stricter rules: local rent control/stabilization and just-cause ordinances (e.g., Los Angeles RSO, San Francisco, Oakland, Berkeley, San Jose, Santa Monica, West Hollywood, unincorporated Los Angeles County), extra notice content and filing requirements, relocation payments, caps on late fees under some rent ordinances, and security-deposit interest (e.g., San Francisco, Berkeley, Santa Monica). The statewide Tenant Protection Act (Civ. Code §§ 1946.2, 1947.12) yields to qualifying stricter local ordinances. Check local law before using statewide numbers.
Recent changes in California
- Tenants get 10 court days to answer an eviction (effective ): A tenant served with an unlawful detainer summons now has 10 days (excluding weekends and court holidays) instead of 5 to respond, and demurrers or motions to strike must be heard 5 to 7 court days after filing, so landlords should expect a longer timeline (Cal. Code Civ. Proc. §§ 1167, 1170). Cal. Code Civ. Proc. § 1167, AB 2347 chaptered text, Cal. Const. art. IV, § 8(c) (statutes take effect Jan. 1 after enactment)
Other California rules
| Security deposit limit | 1 month's rent (with exceptions)Cal. Civ. Code § 1950.5(b), (c) |
|---|---|
| Deposit return deadline | 21 days after move-outCal. Civ. Code § 1950.5(h)(1), (h)(3) |
| Late-fee cap | No fixed statutory cap. A pre-set residential late fee is liquidated damages and is void unless actual damages would be impracticable or extremely difficult to fix and the amount is a reasonable estimate of the landlord's actual damages from late payment (Civ. Code § 1671(d); Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7).Cal. Civ. Code § 1671(c)(2), (d) |
| Entry notice | 24 hours' noticeCal. Civ. Code § 1954 |
| Rent-increase notice | 30 days (90 days if the increase, alone or combined with other increases in the prior 12 months, exceeds 10% of the lowest rent charged in that period; add 5 days if served by mail (CCP § 1013))Cal. Civ. Code § 827(b) |
Read the California law
- California Dept. of Real Estate, California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2026 ed.)
- California Attorney General, Landlord-Tenant Issues
- California Courts Self-Help Guide: Eviction notices for landlords
- California Civil Code, Hiring of Real Property (Civ. Code §§ 1940–1954.535)
Put the rent due date and notice terms in writing
Related
- California lease agreement
- California landlord-tenant law
- Eviction notice laws in every state
- California notice to vacate
- California late rent notice
- California rent increase notice
- California security deposit return letter
- California notice of entry
- California lease termination letter
- California lease renewal letter
- California pet addendum