Eviction Laws in California
Non-payment of rent eviction in California
When a tenant falls behind on rent in California, the landlord must first serve a 3-day pay-or-quit notice. This gives the tenant 3 days to either pay the full amount owed or vacate. If the tenant does neither, the landlord can file an eviction lawsuit — called an unlawful detainer or summary possession action — in California court.
A court order is required before any lockout. The landlord cannot change the locks, shut off utilities, or remove the tenant's belongings before winning a judgment.
Lease violation eviction in California
For non-payment lease violations — unauthorized pets, excess occupants, noise complaints, property damage — the landlord must give 3 days notice. The tenant has 3 days to cure (fix) the violation. If corrected within that window, the tenancy continues. If not cured, the landlord may proceed with filing.
Terminating month-to-month tenancy in California
To end a month-to-month rental agreement without cause, the landlord must give 30 days written notice. The tenant's notice requirement may differ — check your lease agreement.
Note: California requires just cause to terminate any tenancy. A no-fault month-to-month termination must still qualify under one of the state's recognized grounds. See Cal. Civ. Proc. Code § 1161; Civ. Code § 1946.2 for the full list.
Important California eviction details
AB 1482 (2020) requires just cause to evict tenants who have lived in the unit 12+ months in buildings 15+ years old. Month-to-month termination is 30 days (< 1yr tenancy) or 60 days (1+ yr). Local ordinances in Los Angeles, San Francisco, Oakland, and other cities impose stricter protections. No-fault evictions under just cause require relocation assistance.
What counts as an illegal eviction in California?
In California, a landlord who attempts to evict a tenant without following the legal process commits an illegal (self-help) eviction. This includes:
- Changing the locks without a court order
- Removing doors, windows, or the tenant's belongings
- Shutting off utilities (electricity, water, heat)
- Harassment designed to pressure the tenant to leave
Self-help evictions are prohibited in all 50 states and DC. Tenants who experience an illegal lockout can typically seek emergency relief from a court and may be entitled to damages.
California Eviction FAQ
- How many days notice does a landlord have to give for non-payment of rent in California?
- In California, a landlord must give at least 3 days' notice to pay or quit before filing for eviction for non-payment of rent, per Cal. Civ. Proc. Code § 1161; Civ. Code § 1946.2.
- How many days does a tenant have to fix a lease violation in California?
- In California, the landlord must give 3 days' notice for a lease violation. The tenant typically has 3 days to correct (cure) the violation before the landlord can proceed with eviction.
- How much notice is required to terminate a month-to-month tenancy in California?
- In California, a landlord must give 30 days' notice to terminate a month-to-month tenancy. The tenant may be required to give a different amount of notice — check your lease.
- Can a landlord evict a tenant without going to court in California?
- No. California requires a court order to evict. Self-help evictions — changing locks, removing the tenant's belongings, or shutting off utilities — are illegal. The landlord must serve the required notice, wait the notice period, and then file an eviction lawsuit if the tenant does not comply.
- Does California require just cause to evict a tenant?
- Yes. California requires just cause (a valid legal reason) to evict a tenant. Landlords cannot evict without a recognized reason such as non-payment, lease violation, or a specific statutory no-fault ground.