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 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 a lease violation or termination, 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 an eviction notice served?

There are two main ways to serve an eviction notice: certified mail or using a professional process server. However, it is important to know your local rules, as they may vary depending on your city or state.Certified Mail In general, the most effective way to serve an eviction notice is to send the notice via certified mail with a return receipt. After this is done, and depending on applicable laws, the eviction notice is also posted conspicuously on the property, such as on the front door or garage.Use of a Process Server A process server or professional service company will actually serve the tenants with the notice. The problem with this procedure is that if the tenant knows that they are behind on rent, then they may not be easy to find.Other Common Methods Depending on your local rules, the landlord may also be able to serve the notice via the following methods: Posting the notice at the premises Personal delivery to each tenant Personal delivery to one tenant Personal delivery to a non-tenant

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. In some jurisdictions, a 30-day notice to quit is 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 eviction notice may be used when a tenant has failed to pay rent and the landlord wants to remedy this situation as quickly as possible.

California Eviction Notice

Our eviction notice template is state specific and will automatically include any required notice time frame, depending on the landlord’s reason for pursuing eviction.

Select a state

Create Document

What is an eviction notice?

An eviction notice, also called a “notice to vacate” or “notice to quit,” is a legal document sent by landlords to provide written notice to evict a tenant from a rented property due to a violation or to end the tenancy. In California, this notice is the first legal step a landlord must take to evict a tenant from a rented apartment, house, or room. In most states, this is the first step to beginning the legal eviction process.

When to use an eviction notice

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

Use the type of notice that suits your needs the best

Notice to Quit Also called a notice to vacate, these legal documents notify non-compliant tenants that they must vacate the rental unit or property.

PDF

WORD

Notice to Vacate Notify either a tenant or a landlord of the intent to terminate a rental agreement and vacate the property by a specific date. This may be issued by either party.

PDF

WORD

Complete an eviction notice in three easy steps

1. Determine the Grounds for Eviction
Most states require you to provide reasons for evicting your tenant, such as non-payment of rent or violation of the terms of the lease. California recognizes both "at-fault" evictions, wherein the tenants has failed to pay rent or has violated their lease, and "no-fault" evictions where the landlord is retaking the property to move in themselves, or substantial renovations are taking place.
2. Complete Our Eviction Notice 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 Eviction Notice to the Tenant
The service of an eviction notice officially commences the legal eviction process. Depending on your jurisdiction, you may be able to send the eviction notice by delivering it personally to the tenant, posting it to the tenant’s door, or delivering it by certified mail. Notices can be delivered in California by giving it directly to the tenant, giving it to another adult at the rental unit or tenant's workplace and then mailing it, or posting it at the rental unit and then mailing it to the tenant.

What if my tenant does not leave the property?

If the tenant does not comply with the notice, the landlord must begin the formal eviction process by filing a complaint and other required court forms, such as a cover sheet and summons, with the court clerk. These forms must be properly completed and filed to initiate an unlawful detainer lawsuit. After the complaint is filed, the tenant will be served with a summons and must respond within a specific time frame. The tenant's response is crucial, as it determines the next steps in the lawsuit. If the tenant files a response, the landlord can then request a trial date to proceed with the case. It is important to use the correct court forms and follow proper filing procedures to ensure the eviction process moves forward without delays.

What kinds of eviction notices are there?

There are multiple types of eviction notices. Note that while these notice periods differ slightly from state to state, the following are recognized in California:

A three-day eviction notice is often used to terminate a tenancy when the tenant has failed to pay rent, violated provisions of the rental agreement, is utilizing the property for an illegal purpose, has caused damage to the property, or has created a nuisance.
A thirty-day eviction notice may be required to terminate a month-to-month tenancy of a residential property that has been in duration for less than one year.
A sixty-day eviction notice may be required to terminate a month-to-month tenancy of a residential property that has been in duration for more than one year.

Note that certain circumstances require specialized notices. For example, if a tenant's rent is subsidized, then a landlord in California will need to utilize a 90-day eviction notice. As state and city 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.

Get Your Eviction Notice Today

Why choose LegalNature?

The professionals at LegalNature offer the expertise and guidance to navigate the nuances of landlord-tenant forms 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.

California eviction notice help guide

Elements of an eviction notice document

Tenant and address: Every eviction notice must include the tenant's name and the complete property address of the rental property.

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

Notice period: Landlords must give the state-mandated minimum notice periods.

Tenant response timeline: Clearly state the time allowed for the tenant to: a) remedy any violation (if applicable), or b) vacate the property.

Serving the notice: California has different rules that landlords are required to know and follow to give their tenants proper notice of an eviction.

3-Day Notice to Cure or Quit

This notice must specify the problem or lease violation and state that the tenant must fix the problem or move out within 3 days (not counting Saturdays, Sundays, or court holidays).
30-Day and 60-Day Notices

These notices require the tenant's name and property address. For 60-day notices, they are used to terminate month-to-month tenancies when the tenant has lived in the property for one year or more.

Serving the eviction notice is a crucial step in the California eviction process, as it officially notifies the tenant of the landlord’s intent to proceed with an eviction. Under California eviction laws and the Tenant Protection Act, landlords must ensure that the written notice is properly delivered to the tenant before moving forward with an unlawful detainer case. The method of serving the notice and the required notice period depend on the type of tenancy and the reason for eviction, such as non-payment of rent, lease violations, or ending a month-to-month tenancy.

Landlords have several options for serving an eviction notice. The notice can be delivered in person directly to the tenant, handed to another adult at the rental property or at the tenant’s workplace and then mailed, or posted in a conspicuous place on the rental unit and mailed to the tenant. When serving by mail, it is recommended to use certified mail with return receipt requested to provide proof that the notice was properly delivered. Using a process server or having a third-party witness present during personal delivery can also help establish a clear record of service.

The eviction notice must include all legally required information, such as the reason for eviction, the amount of unpaid rent or late fees (if applicable), and the date by which the tenant must pay rent or vacate the property. For non-payment of rent, landlords must serve a 3-day notice to pay rent or quit, specifying the overdue rent and any late fees. If the tenant fails to pay within the notice period, the landlord may then file an unlawful detainer case with the court.

It is essential for landlords to follow all legal requirements when serving the notice. Improperly served notices can result in delays, dismissal of the eviction case, or even a default judgment in favor of the tenant. To avoid these issues, landlords should keep detailed records of how and when the notice was served, including the date, time, method of delivery, and the names of any witnesses. This proof of service may be required by the court if the tenant disputes the eviction.

If you are unsure about the correct procedures for serving an eviction notice, it is wise to seek legal advice from a private attorney or consult with a local self-help center. By carefully following the law and maintaining proper documentation, California landlords can help ensure a smooth eviction process and protect their rights throughout the court case.

LegalNature’s form includes a Proof of Service page that helps landlords prove that their notice was properly served. While optional in many states, it is generally recommend that landlords use it.