How to Serve an Eviction Notice in California (2026): Notice Periods, Delivery Rules and What Happens Next
California's 3-day notice looks short but counts only business days, must state an exact rent amount and a place to pay, and in most of the state must now be paired with the Tenant Protection Act's just-cause rules. Unlawful detainer courts here are strict about form: a notice missing one required element is void, and the landlord starts over.
1. Pick the right notice
| Situation | Notice | Period | Statute |
|---|---|---|---|
| Rent not paid | 3-Day Notice to Pay Rent or Quit | 3 business days | Code Civ. Proc. § 1161(2) |
| Lease violation | 3-Day Notice to Perform Covenant or Quit | 3 business days | Code Civ. Proc. § 1161(3) |
| Unconditional quit | Nuisance, waste, unlawful subletting, illegal drug activity, unlawful weapons/ammunition, or other incurable breach | 3 days | Code Civ. Proc. § 1161(4) |
Saturdays, Sundays and judicial holidays are excluded from the 3 days (AB 2343). Notice may demand rent only, not late fees or utilities.
2. What the notice must say
Notice must state the exact amount of rent due (rent only), the name, telephone number and address of the person to whom payment must be made, and, if payment may be made personally, the usual days and hours that person is available (or an electronic funds transfer procedure if previously used). For tenancies covered by the Tenant Protection Act, a notice to terminate must state the just cause (Civ. Code § 1946.2(b)) and, for curable violations, first give a notice with an opportunity to cure (§ 1946.2(c)). Notices to tenants in units built before a certain date may need to be in the language of the lease negotiation (Civ. Code § 1632).
3. Serve it the way the statute allows
Permitted methods in California (Cal. Code Civ. Proc. § 1162(a)):
- Personal delivery to the tenant
- Delivery to a person of suitable age at the premises + first-class mail
- Posting on the entry door + first-class mail
Write down the date, time, method and the name of anyone you handed it to — that becomes the proof of service the court will ask for. If a method involves mailing, keep the receipt.
4. Count the days correctly
Count business days only: weekends and court holidays do not count, and the day of service is day zero. For properties with a federally backed mortgage or federal subsidy the CARES Act requires 30 days' notice for nonpayment regardless of the state period.
5. What trips landlords up in California
- Counting weekends. Saturdays, Sundays and judicial holidays do not count toward the three days (AB 2343). A notice served on a Friday expires the following Wednesday at the earliest.
- Including late fees, utilities or an estimate. The notice must state the precise rent due, and only rent. Overstating the amount by a dollar voids it.
- Omitting where and how to pay: the name, address and phone of the person to pay, and if payment is in person, the days and hours they are available (or an electronic transfer procedure if one was used before).
- Serving by mail alone. Mail is only a supplement to substituted service or posting under CCP § 1162; a notice that is only mailed is not served.
- Skipping just cause. For tenancies covered by Civ. Code § 1946.2 (most units after 12 months), the notice must state the just-cause ground, and for no-fault evictions the landlord owes one month's rent in relocation assistance. Cities such as Los Angeles, San Francisco and Oakland add their own rules on top.
6. After the deadline
After the three business days, file an unlawful detainer complaint in the superior court of the county. Since January 1, 2025 (AB 2347) the tenant has ten court days to respond; if they do not, you request a default judgment, and if they do, trial is set within about 20 days. Only the sheriff, on a writ of possession, can remove the tenant — a self-help lockout costs the landlord $100 per day plus damages.
Generate the notice
Our California eviction notice picks the period and the statutory wording for the situation you choose, counts the deadline for you, and adds the proof-of-service block. A watermarked preview is free; the clean PDF and Word file are $19.
Related: eviction notice periods in all 50 states · late fee caps by state · security deposit limits by state.
Questions
Can I serve the notice by email or text?
No. CCP § 1162 allows personal delivery, substituted service plus mail, or posting plus mail. Electronic service is not a valid method for a notice to quit.
Does a partial payment cancel the notice?
If you accept a partial payment after serving, most courts treat the notice as waived and you must serve a new one for the balance. Decline partial payments during the notice period, or state in writing that acceptance is without waiver.
What if the tenant moved in less than 12 months ago?
The Tenant Protection Act's just-cause requirement usually does not apply until the tenant has been in place 12 months, but the 3-day notice rules above apply from day one, and local ordinances may cover the tenancy sooner.
How current is this guide?
Reviewed September 2026. The periods, delivery methods and citations come from the dataset our California eviction notice generator enforces; the commentary is ours. Statutes change — verify the cited section before relying on it.
General information about California statutes, not legal advice; FormsByState is not a law firm. Eviction law changes often and local ordinances add rules — verify the cited sections for your situation.