Got an Eviction Notice? Your First Steps

An eviction notice is not the same as an eviction. In California, a landlord must follow specific steps, and a tenant has rights at each stage. But deadlines are short, so acting quickly matters.

Common types of notices

• 3-day notice to pay rent or quit — for unpaid rent
• 3-day notice to perform covenants or quit — for a curable lease violation
• 30-, 60- or 90-day notices — to end certain tenancies, often subject to just-cause rules

First steps for tenants

1. Read the notice carefully and write down the date you received it and how it was delivered.
2. Check the deadline. A 3-day notice typically excludes weekends and court holidays.
3. Gather your lease, rent receipts, and any messages with your landlord.
4. Do not ignore court papers. If you are served with an unlawful detainer summons, the deadline to respond is very short.
5. Get legal advice right away.

Remember that a landlord generally cannot lock you out, remove your belongings or shut off utilities to force you to leave. Only a sheriff can carry out an eviction after a court judgment.

First steps for landlords

A defective notice can delay an eviction by weeks or months. Before serving a notice, confirm the correct notice type, the amount demanded, whether the Tenant Protection Act or a local ordinance applies, and how the notice will be served.

Try to communicate in writing

Whichever side you are on, keep communication calm and in writing when possible. A clear record of payments, repair requests and conversations is often the most useful evidence if the dispute ends up in court, and it may also make a negotiated move-out or payment plan easier to reach.

Local rules matter

In addition to state law, some Southern California cities have their own rent stabilization and tenant protection ordinances. The rules for your property depend on where it is located and its type.

Learn more about our landlord-tenant and eviction services, or if debt is part of the picture, our Chapter 7 bankruptcy page.

This article provides general information, not legal advice, and does not create an attorney-client relationship.