California Statewide Rule
California Eviction Notice & Unlawful Detainer (CCP § 1161; Civ. Code § 1946.2)
Key Facts
- Nonpayment notice
- 3 days to pay or quit (excl. weekends/holidays)
- Lease violation notice
- 3 days to cure or quit
- No-fault notice (covered units)
- 30 / 60 / 90 days
- Process
- Court unlawful detainer; sheriff enforces
- Illegal lockout penalty
- $100/day, min $250 (Civ. Code § 789.3)
Summary
California evictions run through the unlawful detainer process. Under Code of Civil Procedure § 1161, nonpayment requires a 3-day notice to pay rent or quit (excluding weekends and holidays), and lease violations require a 3-day notice to cure or quit. No-fault terminations of covered tenancies require 30, 60, or 90 days. Self-help lockouts are illegal.
2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days' notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shal
Full Breakdown
A landlord cannot remove a tenant without a court judgment. Code of Civil Procedure § 1161(2) requires "three days' notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment" for unpaid rent, and § 1161(3) requires a 3-day notice to perform a lease covenant or quit for curable breaches. The pay-or-quit notice must state the amount due and how to pay. After the notice expires without compliance, the landlord files an unlawful detainer; the tenant generally has five days to respond, and a contested case goes to trial. For AB 1482 covered units, no-fault just-cause terminations require 30, 60, or 90 days' notice depending on the ground.
Violations & Penalties
Only a sheriff may carry out a lockout after a judgment. A landlord who locks out a tenant, removes belongings, or cuts utilities is liable under Civ. Code § 789.3 for actual damages plus $100 per day (minimum $250).
Frequently Asked Questions
How many days is a pay-or-quit notice in California?
Can a California landlord evict without going to court?
How long does an eviction take in California?
Sources
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