Essential Guide to Termination Notices for California Landlords
A "notice to quit" (also called a "notice to vacate" or "termination notice") is a written notice from a landlord to a tenant informing them that their tenancy is being terminated and they must vacate the property by a specified date. In California, the notice to quit is the first step in the eviction process and a prerequisite to filing an unlawful detainer lawsuit.
California law specifies different notice types and timelines depending on the reason for termination and the nature of the tenancy. Using the wrong notice type or failing to meet procedural requirements can invalidate the notice and delay eviction proceedings.
For Placer County landlords in Roseville, Rocklin, Auburn, Lincoln, and surrounding areas, understanding notice requirements is critical. With AB 1482's just cause eviction requirements now applying to most properties, navigating termination notices has become more complex. This guide explains each notice type, when to use them, and how to serve them properly.
Note: Three-day notices are the most common and urgent type of termination notice. They give tenants three days to either cure a problem (if curable) or vacate the property. Three-day notices are used for serious lease violations.
The most common three-day notice is for nonpayment of rent. If a tenant fails to pay rent when due, you can serve a three-day notice demanding payment within three days or vacation of the property.
Warning: Including late fees or other charges in the amount demanded makes the notice defective. Three-day notices for nonpayment can only demand rent. If you include improper charges, the entire notice is defective, and any eviction based on it will fail.
Key Rule: Day you serve = Day 0. The three-day period begins the next day
Example: If you serve the notice on Monday, Tuesday is day one, Wednesday is day two, and Thursday is day three. If the third day falls on a weekend or court holiday, the deadline extends to the next business day.
For curable lease violations—violations the tenant can fix—serve a three-day notice to cure or quit. This gives the tenant three days to correct the violation or vacate.
Examples of curable violations:
What to include:
If the tenant cures the violation within three days, the notice is satisfied, and eviction cannot proceed based on that notice. However, repeated violations of the same provision may justify an incurable notice.
For incurable lease violations—those that cannot be remedied—serve an unconditional three-day notice to quit. This notice demands the tenant vacate within three days without opportunity to cure.
Grounds for unconditional notices:
California law is strict about when unconditional notices can be used. Courts disfavor them because they don't give tenants a chance to remedy problems. Unless the violation clearly falls into one of the permitted categories, use a cure or quit notice instead.
For month-to-month tenancies where the tenant has resided in the property for less than one year, landlords can terminate the tenancy with a 30-day notice. The notice must inform the tenant they have 30 days to vacate and is not conditional on any tenant action—it simply ends the tenancy.
30-day notices are appropriate for:
If your property is subject to AB 1482 (most California rentals more than 15 years old), you cannot simply terminate month-to-month tenancies without just cause. Even with a 30-day notice, you must have one of the following reasons:
At-fault just causes (tenant wrongdoing):
No-fault just causes (not tenant wrongdoing):
For no-fault evictions, landlords must provide relocation assistance equal to one month's rent (with some exceptions).
A 30-day notice must include:
If a tenant has resided in the property for one year or longer, California requires a 60-day notice to terminate month-to-month tenancy. The longer notice period recognizes the increased disruption and difficulty of relocating for established tenants.
Use 60-day notices for:
For covered properties, if you're terminating for a no-fault reason (owner move-in, substantial remodel, withdrawal from rental market), you must provide relocation assistance equal to one month's rent unless an exemption applies.
Relocation assistance must be paid before the tenant vacates or waived in writing by the tenant. Failure to provide required relocation assistance can invalidate the eviction.
60-day notices must include the same elements as 30-day notices, plus:
While not a notice to quit, 90-day notices are required for certain landlord actions.
Under California Civil Code Section 827, if you raise rent by 10% or more within a 12-month period, you must provide 90 days' advance written notice (for month-to-month tenancies).
Given AB 1482's cap of 10% maximum annual increase for most properties, landlords raising rent to the maximum allowable amount trigger the 90-day requirement.
Mobile home park landlords must provide 90-day notices to terminate tenancies in some circumstances. Mobile home tenancy law has unique requirements separate from standard residential leases.
Even if your notice includes correct content and timelines, improper service can invalidate it. California law specifies acceptable service methods.
The most reliable method is personal delivery—handing the notice directly to the tenant. You can personally serve the notice yourself, hire a process server, or have another adult (not involved in the case) serve it.
Document personal service with a declaration or proof of service stating the date, time, location, and manner of service.
If the tenant is not available for personal service, you can use substituted service: leave the notice with a person of suitable age and discretion at the tenant's residence or workplace, and also mail a copy to the tenant's residence.
Substituted service extends the notice period. For three-day notices, add five days (making it effectively an eight-day notice). For 30- and 60-day notices, the extension doesn't typically matter since the total time exceeds the mailing delay.
If the tenant is avoiding service or cannot be found, you can post the notice in a conspicuous place on the property (such as the front door) and also mail a copy to the tenant's address.
Like substituted service, posting and mailing extends three-day notices by five days.
California does not allow service of three-day notices by mail alone (even certified mail). However, 30-day and 60-day notices can be served by certified mail, with the notice period beginning when the tenant receives the mailing.
Because delivery timing is uncertain with mail, personal service or substituted service is preferable for termination notices.
Demanding more than the actual unpaid rent (by including late fees, utilities, or other charges) makes the notice defective. Demand only rent for the periods specified.
If your property is covered by AB 1482, you must state the specific just cause reason in 30-day and 60-day notices. Generic language like "terminating your tenancy" is insufficient.
Using a 30-day notice when a 60-day notice is required (tenant has lived there over a year) invalidates the notice. Verify tenancy length before choosing notice type.
Mailing a three-day notice by itself (without posting or personal service) doesn't satisfy service requirements. Follow proper service methods and document them.
You cannot file an unlawful detainer lawsuit until the notice period expires. If you serve a three-day notice on Monday (day zero), the earliest you can file is Friday (after day three expires Thursday). Filing too early results in case dismissal.
If the tenant does not comply with the notice (doesn't pay rent, cure the violation, or vacate), you can file an unlawful detainer lawsuit in superior court. The notice to quit is the foundation of the eviction case—it must be valid, properly served, and fully expired before you can proceed.
Filing an eviction lawsuit without a proper notice, or before the notice period expires, will result in dismissal and wasted time and legal fees. Ensure your notice is correct before moving forward.
For leases with a specified end date (one-year leases, six-month leases), no notice is required to terminate at the lease end—the tenancy automatically expires. However, under AB 1482, if the property is covered, you must have just cause to refuse lease renewal, and you must provide notice of non-renewal and the just cause reason.
California's COVID-19 eviction protections have largely expired, but verify that no lingering local ordinances or state extensions affect your ability to serve notices for rent arrears accrued during the pandemic.
Tenants receiving housing assistance under Section 8 or other programs may have additional procedural protections. Review program requirements and provide required notices to both the tenant and the housing authority.
California courts and legal organizations publish standardized notice forms (Judicial Council forms). Using these forms ensures you include all required information and language.
Maintain copies of all notices served, along with proof of service declarations. If the case proceeds to eviction, you'll need to prove proper service.
If your property is subject to AB 1482 and you're unsure whether you have just cause, or if the tenant has raised defenses (habitability issues, discrimination claims, retaliation), consult an attorney before serving notices. Incorrect notices waste time and delay resolution.
Even when terminating tenancies, maintain professionalism. Hostile, threatening, or harassing communications can support tenant defenses (retaliation, harassment) and damage your case.
Accepting rent after serving a three-day notice for nonpayment can waive the notice. If you accept partial payment, the notice may be invalidated, and you'll need to serve a new notice for any remaining balance. Avoid accepting payment during the notice period unless you're willing to negotiate a resolution.
Notices to quit are the foundation of California's eviction process. Without a valid, properly served notice, you cannot proceed with unlawful detainer lawsuits. Using the wrong notice type, missing required information, or serving improperly will delay evictions and increase costs.
For Placer County landlords, the complexity of notice requirements—especially under AB 1482's just cause rules—makes professional guidance valuable. Lifetime Property Management handles all aspects of tenant notices and eviction procedures for properties we manage. We ensure compliance with notice requirements, proper service, and appropriate timing, minimizing legal risk and delays. Whether you're dealing with nonpayment, lease violations, or no-fault terminations, we navigate the process efficiently and professionally. Let us handle the legal complexities while you focus on growing your rental portfolio.
Get personalized property management advice from our local experts.
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