Although California laws protect tenants from unfair evictions, landlords still have the right to end a lease in certain situations. When this happens, they must send a Notice Letter to warn their tenant that their lease is or may be coming to an end.

Generally, if the tenant is at fault, the landlord must give them the chance to fix the problem before proceeding with eviction. In this case, you can use LawDepot’s Eviction Notice form to notify them of the violation and when/how they must fix it. 

Otherwise, use this form to tell the tenant why they’re being evicted and when they must leave the property.

LawDepot’s Eviction Notice can be used for various reasons such as:

• Non-payment of rent
• Violations of the lease
• Expiration of a non-renewing lease term
• Other legally justifiable reasons for ending a rental contract

The minimum notice periods for eviction in California can vary depending on:

• The landlord’s reason for terminating the lease
• The type of tenancy agreement
• The length of the lease

1. Notice to Pay Rent or Quit

Tell the tenant to pay what they owe by a certain date or vacate the property. 

In California, landlords typically cannot include any other outstanding debts from the tenant in this Eviction Notice. It’s also essential to see what other notice forms you may be required by law to send to the tenant with your Notice to Pay Rent. 

Minimize the risks of renting to tenants with poor payment habits by following our Tips for Renting to Someone with Bad Credit. 

2. Notice of Lease Violation

Also called a Notice to Perform Covenants, landlords can use this form when a tenant breaks a term in their lease. 

For example, the landlord may get complaints about loud parties after quiet times or discover an unauthorized occupant. Whatever the case, a Notice of Lease Violation gives the tenant the chance to resolve the issue or leave.

Some cities in California require landlords to send a Cease and Desist Letter before an Eviction Notice. In addition, if your tenant falls under California’s Tenant Protection Act, you must send a Notice of Lease Violation or Cease and Desist Letter before sending a termination notice. If you already sent this warning, say when you did so in your Eviction Notice. 

3. Notice of Termination of Lease by Landlord

Many Lease Agreements automatically renew at the end of a term. However, landlords can use a Notice of Termination to end the lease. 

In this case, landlords generally don’t need to specify the reason for terminating the lease. Still, they must provide the right amount of notice (as highlighted in the table above). 

4. Notice to Quit

Also known as a “no-fault eviction” or a Notice to Move out, landlords can use a Notice to Quit when they want to end the lease in situations that are not the tenant’s fault. 

In this case, if the Tenant Protect Act applies, the landlord must specify the just cause that they have for eviction. What’s more, if the tenant’s lived on the property for longer than a year, the landlord must either:

• Give guidance on relocation assistance
• Waive the last month’s rent 

If waiving rent, the Notice to Quit should clearly state the amount that tenant is no longer responsible for.

Legal reasons for evicting a tenant that is at fault include:

1. Failing to pay rent
2. Violating the Lease Agreement
3. Causing or allowing a public nuisance
4. Committing waste (i.e., damaging the property)
5. Failing to apply for a lease extension or renewal
6. Engaging in criminal activity
7. Assigning or subletting the property without permission
8. Refusing legal entry to landlord or owner
9. Occupying the property for longer than permitted

In California, legal reasons for evicting a tenant that isn’t at fault include:

1. The owner (or their relative) intends to occupy the property
2. The property will no longer be on the rental market
3. The law requires the property to be vacant (e.g., for habitability reasons)
4. The property will be demolished or substantially remodeled

In certain situations (e.g., no-fault and just cause), California law requires the Eviction Notice to include information about how to reclaim personal property or the availability of relocation assistance or rent waiver. Relocation assistance or rent waiver is generally equal to one month’s rent and, if applicable, must be provided within 15 days after the notice has been served.

If you use our Eviction Notice template and need to add these details, you can make final changes to your document with the LawDepot Editor tool. 

The legal remedies available will vary depending on the nature of the violations, the terms of the lease, and local eviction laws.

If the tenant has made a serious, noncurable breach of the lease, you can begin the eviction process after the first violation. Still, it’s crucial to remember that landlords cannot evict a tenant on a whim. 

For a less severe breach, you may want to start the eviction process after sending two or more notices. Think about it: How serious was the violation when weighed against the remainder of the lease term? Yes, it’s irritating when a tenant repeatedly pays rent late. But it’s probably not worth the trouble of evicting them when their lease ends soon anyways.

You can seek legal assistance to resolve issues with a tenant who has a history of non-compliance, which may help in filing an unlawful detainer (i.e., an eviction lawsuit).

Most jurisdictions in California do not require an Eviction Notice to be notarized. 

However, if a landlord wants to file an eviction lawsuit in California, they’ll need a proof of service of their Eviction Notice. This is a document that landlords can use as evidence in court to verify that the tenant received a copy of the document.

If you choose to include this in your eviction notice, our template will generate a proof of service form for you to fill out and sign in the presence of a notary public.

In California, landlords may deliver an Eviction Notice by: 

• Hand delivering it
• Mailing it
• Posting it to the rental property and mailing a copy

If you deliver the notice in person, having an objective third party witness the event is beneficial if the tenant ever denies getting the document.

If you mail the notice, sending it through a registered post service provides proof of delivery and receipt (often with a signature upon delivery and online tracking).

Some cities or counties may have additional requirements for a valid Eviction Notice. As such, it’s important to consult your local laws.