California Notice to Quit

A notice to quit, also called an eviction notice or notice to vacate, is a legal document sent by landlords to provide written notice of a violation or end a tenancy in a rental property.

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What is a notice to quit in California?

<mark>A notice to quit in California is a legal document sent by landlords to provide written notice of a lease violation or to end a tenancy under Cal. Code Civ. Proc. § 1161. In most cases, this is the first step to beginning the legal eviction process.

When to use a notice to quit in California

Late payment or non-payment of rent
The tenant has violated the terms of the rental agreement
You want to formally notify your tenant that they must resolve a lease violation within a certain amount of time or else they will be evicted from the property
Your tenant has remained on the property after the lease term has ended or after you notified them that you are ending their tenancy

Complete a notice to quit in three easy steps

1. Determine the Grounds for Eviction
Most states, including California, require you to provide reasons for evicting your tenant, such as non-payment of rent or violation of the terms of the lease under Cal. Code Civ. Proc. § 1161.
2. Complete Our Notice to Quit Form
Provide detailed information about the rental property, including the full address, the name of the tenant, and the date that the lease was signed.
3. Send the Notice to Quit to the Tenant
The service of a notice to quit officially commences the legal eviction process. Depending on your jurisdiction, you may be able to send the notice to quit by delivering it personally to the tenant, posting it to the tenant’s door, or delivering it by certified mail.

California Notice Periods

Note that while these notice periods differ depending on the reason for eviction, California law sets specific timeframes landlords must follow.

Nonpayment of Rent: The notice period depends on the specific circumstances of the tenancy (Cal. Code Civ. Proc. § 1161). LegalNature's state-specific form automatically applies the correct timeframe based on your answers.

Lease Violation: 3 days (Cal. Code Civ. Proc. § 1161).

End of a Fixed-Term Lease: In most cases, no separate notice is required when a fixed-term lease simply expires and is not renewed (Cal. Code Civ. Proc. § 1161). LegalNature's Notice to Quit form will confirm whether California requires any additional notice for your specific lease.

Month-to-Month or At-Will Tenancy: The notice period depends on the specific circumstances of the tenancy (Civ. Code § 1946.1). LegalNature's state-specific form automatically applies the correct timeframe based on your answers.

Note that certain circumstances require specialized notices. As state and local laws vary, it is important to understand the laws in your area. Regardless of which notice you need, each serves to exercise the legal rights afforded by the landlord-tenant relationship.

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Why choose LegalNature?

LegalNature offers the guidance to navigate the nuances of creating a notice to quit across all 50 states and the District of Columbia. LegalNature offers a 30-day money-back guarantee. If you're not happy, then we’re not happy. Give us a call and let us help.

Elements of a notice to quit document

Reason for eviction: LegalNature’s notice to quit form builder will guide you through selecting the appropriate reason for eviction and include the appropriate notice period options

Notice period: Landlords must adhere to state-mandated minimum notice periods

Tenant Response Timeline: clearly state the time allowed for tenant to: a) Remedy any violation (if applicable), or b) Vacate the property

Serving the notice: Each state has different rules that landlords are required to know and follow. LegalNature’s form includes a Proof of Service page that helps landlords prove that their notice was properly served. While optional in many states, we recommend that landlords always use it.

Frequently asked questions

What's the difference between an eviction notice, notice to vacate, and notice to quit?

Any notice directing a resident to leave a property is considered to be an “eviction notice”. Both a “notice to vacate” and a “notice to quit” are types of eviction notices that seek the same basic goal: to formally notify someone that they must leave the property. Some of the most common reasons for issuing an eviction notice are the termination or violation of a lease, mortgage foreclosure, or rent delinquency. Whether it be a notice to quit or a notice to vacate, all eviction notices must comply with applicable state laws in order to have any legal effect.

How is a notice to quit served in California?

California's 3-day notice statute (Code Civ. Proc. § 1161) is served by personal delivery or, if the tenant can't be found, by posting a copy in a conspicuous place on the property (certified mail is typically only sufficient if the lease specifically authorizes it as a delivery method).

What is a notice for termination WITHOUT cause?

A notice for termination without cause is used by landlords to end a tenancy where the tenant has not done anything wrong. These types of eviction notices are frequently used by landlords who wish to raise the rent and need to remove the tenant in order to do so. A 30-day notice to quit is usually used to end the tenancy of month-to-month rentals or a lease agreement that has been in existence for less than one year. A 60-day eviction notice is most frequently used to end a lease agreement that has been in existence for at least one year.

What is a notice for termination WITH cause?

Landlords use a notice for termination with cause to rectify a tenant’s failure to comply with obligations found within a lease agreement. A landlord should always be familiar with their local and state laws as the rules for serving an eviction notice can vary greatly.

Common causes are:

failure to pay rent,
damaging the property, or
violating one or more terms of the lease agreement.

Depending on applicable laws, a 3-day notice to quit may be used when a tenant has failed to pay rent and the landlord wants to remedy this situation as quickly as possible.

How long does a notice to quit take in California?

The notice period in California depends on the reason for eviction — see the California Notice Periods section above for the specific timeframes and governing statutes. Once the notice period expires and the tenant has not complied, the landlord may proceed with filing a formal eviction action in court.

California Notice to Quit

What is a notice to quit in California?

When to use a notice to quit in California

Complete a notice to quit in three easy steps

1. Determine the Grounds for Eviction

2. Complete Our Notice to Quit Form

3. Send the Notice to Quit to the Tenant

California Notice Periods

Why choose LegalNature?

Elements of a notice to quit document

Frequently asked questions

Create a notice to quit in minutes

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