California eviction laws

The landlord serves a 3-day notice to pay rent or quit. The 3 days do not count Saturdays, Sundays, or judicial holidays. If the tenant pays the full rent demanded within that time, the tenancy continues.

• A notice that demands more than the rent actually due, includes late fees or other non-rent charges, or omits required payment details is defective and the case can be dismissed.
• Double-check with the court: When the notice is served by substitute service or posting and mailing, some courts expect extra days for mailing before filing; waiting at least 5 extra calendar days is a common cautious practice.
• Starting January 1, 2026 (AB 246), a tenant may have a defense if nonpayment was caused by a delay or interruption of Social Security benefits and the tenant offers a reasonable repayment plan.
• For Section 8 or other subsidized tenancies, federal program rules may require additional notices.

For a curable lease violation, the landlord serves a 3-day notice to perform covenant (cure) or quit. The 3 days exclude weekends and judicial holidays. If the tenant fixes the violation within the period, the tenancy continues.

• Under AB 1482, for a curable violation the landlord must first give a notice and an opportunity to cure before serving a termination notice; the cure-or-quit notice does both.
• Violations that cannot be cured (such as an unauthorized assignment or subletting in violation of the lease, or waste or nuisance) may be ended with a 3-day notice to quit without a cure option (CCP 1161(4)).

If the tenancy is NOT covered by the Tenant Protection Act or a local just-cause law, a fixed-term lease ends on its end date and the landlord may file an unlawful detainer without further notice if the tenant stays and no rent is accepted. If the tenancy IS covered by AB 1482 (or a local just-cause law), the end of the lease is not by itself a lawful reason to evict; the tenancy continues and the landlord needs a listed just cause.

• If the landlord accepts rent after the lease ends, the tenancy usually becomes month-to-month and a 30- or 60-day notice (plus just cause, if covered) is needed.
• A tenant who refuses to sign a new lease that is a renewal on substantially similar terms is an at-fault just cause under AB 1482 (Civil Code 1946.2(b)(1)(F)).

For a tenancy NOT covered by AB 1482 or a local law, the landlord may end a periodic tenancy without cause by written notice: 30 days if every tenant has lived there less than 1 year, 60 days if any tenant has lived there 1 year or more (7 days for week-to-week). For AB 1482-covered tenancies, the notice must also state a listed no-fault just cause (owner/family move-in, withdrawal from the rental market, government or court order, or substantial remodel) and the landlord must provide relocation assistance equal to one month's rent.

• Under SB 567 (effective April 1, 2024), a landlord who uses a no-fault reason in bad faith can owe actual damages, attorney fees and up to three times damages.
• Many cities have stricter just-cause and relocation rules (see local rules).
• Termination because of a sale is allowed without cause only if the tenancy is not covered by AB 1482 or a local ordinance.

For nuisance, waste (serious damage), unlawful use of the premises, or certain criminal activity, the landlord may serve a 3-day notice to quit with no chance to cure.

• Protections apply to tenants who are victims of domestic violence, sexual assault, stalking, human trafficking or elder abuse (CCP 1161.3); a tenant cannot be evicted based on those acts against them.