Choose the right type of eviction notice

Before you can start an eviction court case, you must give your tenant a written notice.

The notice gives the tenant a chance to:

  • Pay rent they owe

  • Fix a problem (called perform covenants)

  • Move out (called quit)

📌 Eviction notices are not court forms. You can find blank notices in:

⚠️ If your notice has mistakes or is missing information, you could lose your case.

💬 Consider talking with an eviction lawyer to make sure you’re using the right notice and filling it out correctly.

 

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Types of notices

Choose the reason for eviction to see the type of notice you can use and the basic information it must include. Some cities or counties may require you to include more details. Talk to a self-help center or a lawyer to find out exactly what your notice must say.

For more details about a type of notice, go to the Notice details section below.

Notice type When to use Timeline Must include Special rules / notes

3-day notice to pay rent or quit

Tenant is behind on rent 3 days (not counting weekend or court holidays) Tenant’s full name(s), rental address, exact rent owed, deadline to pay or move, payment details (how, where, when) Can’t include other money (late fees, utilities, damages). Tenant Protection Act: must give this before a 3‑day notice to quit with no option to fix the problem.

Notice of belief of abandonment

Rent is 14+ days late and you believe the tenant moved out without notice 15 days (in person) or 18 days (by mail) to respond Tenant’s name, rental address, “Notice of Belief of Abandonment” label, end-of-tenancy date, signature/date If you’re wrong, the tenant can sue for wrongful eviction. Be certain about dates before using.

3-day notice to perform covenants or quit

Tenant violated the lease but can fix the problem 3 days (not counting weekends or court holidays) Tenant’s name(s), rental address, description of problem, deadline to fix or move Some cities require a “cease and desist” letter first. Tenant Protection Act: must give this before a 3‑day notice to quit with no option to fix the problem.

3-day notice to quit (serious problems)

Serious problems (illegal activity, major damage, safety hazards) 3 days (including weekends and court holidays) Tenant’s name(s), rental address, description of violation, deadline to move Tenant Protection Act: usually must give a 3‑day notice to perform covenants or quit first (unless an exception applies).

30-day or 60-day notice to quit

End a month‑to‑month tenancy 30 days (< 1 year) or 60 days (≥ 1 year) Tenant’s name(s), rental address, end date, how to pick up belongings Tenant Protection Act: usually requires just cause; may require relocation assistance or last month’s rent waiver.

90-day notice to quit (Section 8 housing)

Tenant is in Section 8 subsidized housing 90 days End date, detailed reason(s), right to meet within 10 days, disability accommodation info, belongings pick-up info Must have just cause. Federal rules apply.

30-day notice to vacate (CARES Act)

Property covered by the federal CARES Act 30 days Standard notice info (names, address, end date) Applies to certain federally backed mortgages and federal housing programs.

Notice details

3-day notice to pay rent or quit

Use this if your tenant is behind on rent. It tells them they have 3 days to pay the rent or move out.

  • 3 days don’t include Saturdays, Sundays, and court holidays
  • You can’t ask for other money (late fees, utilities, damages) in this notice

Your notice must include:

  • Tenant’s full name(s)
  • Rental home address
  • Exact amount of rent owed
  • That rent must be paid within 3 days or the tenant must move out
  • How and where to pay (in person or by mail, with address, days, and hours)

⚠️ Tenant Protection Act rule: If your tenant is covered, you must give this notice before a 3‑day notice to quit with no option to fix the problem.

Notice of belief of abandonment

Use this if rent is 14+ days late and you have good reason to think the tenant moved out without telling you.

  • Send a Notice of Belief of Abandonment

  • Give at least 15 days (if sent in person) or 18 days (if sent by mail) for the tenant to respond

  • If they don’t respond, you can move their things out and rent the place to someone else without starting an eviction case

Your notice must include:

  • Tenant’s name(s)

  • Rental home address

  • “Notice of Belief of Abandonment” label

  • End-of-tenancy date

  • Signature and date

⚠️ Warning: If you’re wrong about the tenant moving out or the timing, the tenant can sue for wrongful eviction.

3-day notice to perform covenants or quit

Use this if your tenant violated the lease in a way they can fix — for example, remove a pet, stop noise, or follow other lease rules.

Your notice must include:

  • Tenant’s full name(s)

  • Rental address

  • What they’re doing that breaks the lease

  • That they must fix the problem or move out in 3 days

    • 📅  3 days don’t include Saturdays, Sundays, and court holidays

📌 Some cities require a “cease and desist” letter first. If so, you must send a letter to your tenant about the problem before you give them this notice. Be sure to include the date you sent the letter in your notice.

⚠️ Tenant Protection Act rule: If covered, you must give this notice before a 3-day notice to quit with no option to fix the problem.

3-day notice to quit

Use this notice if your tenant has caused serious problems at the rental home, like:

  • Causing or allowing a nuisance (for example, keeping a dangerous dog)

  • Doing something illegal (for example, selling drugs)

  • Hurting other people’s health or safety (for example, using dangerous chemicals)

  • Causing major damage (called committing waste) that makes the home worth less

  • Moving in other people without your permission when the rental agreement says they can’t

Your notice must include:

  • Tenant’s full name(s)

  • Rental home address

  • What the tenant did that broke the rental agreement

  • That the tenant must move out in 3 days

📌 Other names for this notice: 3-day Notice to Vacate or 3-Day Unconditional Notice to Quit

⚠️ Tenant Protection Act rule: If your tenant is covered, you usually have to first give them a 3-day notice to fix the problem or move (3-day notice to perform covenants or quit) before you can give this type of notice. There are some exceptions.

30-day or 60-day notice to quit

This notice is used to end a month-to-month rental agreement.

📌 Tenant Protection Act rule: Many landlords must have a just cause (legal reason) to end a rental agreement. Examples of just cause include:

  • Making major repairs for health or safety reasons

  • Selling the home to someone who will move in

If the law applies, your notice must:

  • State the just cause

  • Say if you will give the tenant relocation assistance (1 month’s rent) or waive the last month’s rent

When you can use a 30-day or 60-day notice without just cause:

  • The tenant has lived in the home less than 1 year (if more than one tenant lives there, count the one who's lived there the longest)

  • You live in the rental home with your tenant (single-family home with no more than 2 in-law units, condo, or apartment)

    • ⚠️ Restrictions may apply if you are a primary tenant (you rent from the home's owner and then sublease to others)

  • You live in half of a duplex full-time and rent out the other half

  • The home is new construction built in the last 15 years

💬 Tip: Get legal advice if your rental is in a city or county with its own eviction control laws. Extra rules may apply to multifamily buildings, licensed care facilities, or other types of properties.

Which notice to give

  • 30-day notice: Give this notice if your tenant has rented for less than 1 year

  • 60-day notice: Give this notice if your tenant has rented for 1 year or more

Your notice must include:

  • Tenant’s full name(s)

  • Rental home address

  • End date (30 or 60 days from when you give the notice)

  • How to pick up belongings left behind

If the Tenant Protection Act applies and the tenant has lived there more than 1 year, also include:

  • The just cause

  • That they have the right to relocation assistance or don't have to pay the last month’s rent (state the amount of last month’s rent if waived)

90-day notice to quit

Use this notice if the rental home is Section 8 subsidized housing.

It tells the tenant they must move out within 90 days.

⚠️ You must have a legal reason (just cause) to ask the tenant to move.

Your notice must include:

  • The date the tenancy will end

  • The detailed reason(s) for the eviction

  • A statement that if the tenant does not move out in 90 days, you may start a court case to evict them, and they will have a chance to give their side

  • That the tenant has 10 days to talk about the notice with you (the 10 days start when the notice is delivered)

  • That people with disabilities have the right to ask for reasonable changes (accommodations) so they can take part in the court process

  • How to pick up any belongings left behind

30-day notice to vacate

You must give a 30-day notice to vacate if your rental property is covered by the federal CARES Act.

📘 This link goes to the full law. It is written for lawyers, so it may be hard to understand. Opens in a new tab. CARES Act, 15 U.S. Code section 9058(c)

Your property is covered if you:

  • Take part in a covered housing program as defined by the Violence Against Women Act

    • 📌 If the tenant lives in Section 8 housing, follow the rules in the 90-day notice to quit section instead

  • Take part in the rural housing voucher program under section 542 of the Housing Act of 1949

  • Have a federally backed mortgage loan or a federally backed multifamily mortgage loan

Your notice must include:

  • Tenant’s full name(s)

  • Rental home address

  • The date the tenancy will end (30 days from when you give the notice)

About the Tenant Protection Act (TPA)

The Tenant Protection Act is a California law that limits rent increases and requires just cause for most evictions after a tenant has lived in the home for 12 months.

What the law does:

  • Limits rent increases to 5% plus inflation (Consumer Price Index or CPI) or 10% total, whichever is less, in 12 months

  • Requires just cause to evict after 12 months

Just cause reasons:

  • At-fault reasons (tenant did something wrong): not paying rent, breaking the lease, illegal activity, causing serious damage
  • No-fault reasons (tenant did nothing wrong): owner or family wants to move-in, taking the unit off the rental market, major repairs or demolition, following a law or government order

Extra rules for no-fault evictions:

  • Landlord must pay the tenant 1 month’s rent to help them move, or waive the last month’s rent

  • Owner move-in and major remodels have strict rules, like getting permits, following timelines, and offering the unit back if plans change

Exemptions:

  • New housing built in the last 15 years

  • Certain affordable housing

  • School dorms

  • Some single-family homes or condos (must give proper notice and not be owned by certain corporate entities)

  • Duplexes where the owner lives in one unit

📘 This link goes to the full law. It is written for lawyers, so it may be hard to understand. Opens in a new tab. California Civil Code section 1946.2

⚠️ Penalties: Landlords who break this law can owe damages, attorney’s fees, and up to triple damages for willful violations.

📌 Always check local rules. Your city or county may have stronger protections.

Key takeaways

  • You must give the correct type of notice before starting an eviction case

  • Notices must meet state and local law or you could lose your case

  • The TPA often requires you to give the tenant a chance to fix problems

  • Special rules apply to Section 8 housing and properties covered by the CARES Act

  • When in doubt, talk to a self-help center or a lawyer

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