California eviction notice and late fee rules

Notice for unpaid rent

3 days — An unlawful detainer for unpaid rent requires a written three-day notice, excluding Saturdays, Sundays and other judicial holidays, requiring payment of the amount due or possession of the property.

Ending a month-to-month tenancy

An owner ending a periodic residential tenancy must give at least 60 days' notice before the proposed termination date.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

An unlawful detainer for unpaid rent requires a written three-day notice, excluding Saturdays, Sundays and other judicial holidays, requiring payment of the amount due or possession of the property.

“after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due,”
Cal. Civ. Proc. Code § 1161(2)

The three-day notice to pay rent may be served at any time within one year after the rent becomes due.

“The notice may be served at any time within one year after the rent becomes due.”
Cal. Civ. Proc. Code § 1161(2)

Paying to stop an eviction

Where a curable lease violation is not cured within the time set in the owner's notice, a three-day notice to quit without an opportunity to cure may then be served.

“If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.”
Cal. Civ. Code § 1946.2(c)

An application for relief against forfeiture of the lease may be made at any time before the premises are restored to the landlord.

“An application for relief against forfeiture may be made at any time prior to restoration of the premises to the landlord.”
Cal. Civ. Proc. Code § 1179

Notice for other lease violations

For breach of other lease conditions, the landlord must serve a written three-day notice (excluding weekends and judicial holidays) requiring performance of the conditions or possession of the property.

“three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant,”
Cal. Civ. Proc. Code § 1161(3)

Ending a month-to-month or other periodic tenancy

An owner ending a periodic residential tenancy must give at least 60 days' notice before the proposed termination date.

“An owner of a residential dwelling or commercial real property hired by a qualified commercial tenant giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination.”
Cal. Civ. Code § 1946.1(b)

The owner's notice period is at least 30 days if the tenant has resided in the dwelling for less than one year.

“shall give notice at least 30 days prior to the proposed date of termination if a tenant or resident has resided in the dwelling or occupied the property for less than one year.”
Cal. Civ. Code § 1946.1(c)

A tenant ending a periodic tenancy must give notice at least as long as the term of the periodic tenancy.

“A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.”
Cal. Civ. Code § 1946.1(b)

Just cause and good cause

After a tenant has continuously and lawfully occupied residential real property for 12 months, the owner may not terminate the tenancy without just cause, which must be stated in the written termination notice.

“Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy.”
Cal. Civ. Code § 1946.2(a)

Section 1946.2 remains in effect only until January 1, 2030, and is repealed as of that date.

“This section shall remain in effect only until January 1, 2030, and as of that date is repealed.”
Cal. Civ. Code § 1946.2(n)

Lockouts and utility shutoffs

A landlord may not, with intent to terminate a residential occupancy, willfully cause interruption or termination of any utility service furnished to the tenant.

“A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord.”
Cal. Civ. Code § 789.3(a)

A landlord may not, with intent to terminate the occupancy, willfully prevent reasonable access by changing locks, using a bootlock or a similar method.

“(1) Prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock or by any other similar method or device;”
Cal. Civ. Code § 789.3(b)(1)

A violating landlord is liable for up to $100 per day of violation, with no less than $250 awarded for each separate cause of action, in addition to actual damages.

“An amount not to exceed one hundred dollars ($100) for each day or part thereof the landlord remains in violation of this section. In determining the amount of such award, the court shall consider proof of such matters as justice may require; however, in no event shall less than two hundred fifty dollars ($250) be awarded for each separate cause of action.”
Cal. Civ. Code § 789.3(c)(2)

Retaliation

It is unlawful for a lessor to raise rent, decrease services, force a tenant out, bring an eviction action, or threaten to, in retaliation for lawful tenant organizing or the lawful, peaceable exercise of legal rights.

“Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because the lessee has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law.”
Cal. Civ. Code § 1942.5(d)

If a lessee not in default on rent has exercised habitability rights or complained to an agency about tenantability, the lessor may not recover possession, raise rent or decrease services in retaliation within 180 days of the listed events.

“and if the lessee of a dwelling is not in default as to the payment of rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:”
Cal. Civ. Code § 1942.5(a)

What the notice must say and how it is delivered

A landlord or its agent may not charge a tenant a fee for serving, posting or otherwise delivering a § 1161 notice.

“A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.”
Cal. Civ. Proc. Code § 1161(6)

Section 1161 notices may be served by personal delivery; if the tenant is absent, by leaving a copy with a person of suitable age and discretion at the residence or business and mailing a copy.

“(1) By delivering a copy to the tenant personally. (2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.”
Cal. Civ. Proc. Code § 1162(a)

Court deadlines and the eviction case

In an unlawful detainer, the defendant's response must be filed within 10 days after service of the complaint, excluding Saturdays, Sundays and other judicial holidays (as amended by AB 2347, effective January 1, 2025).

“the defendant’s response shall be filed within 10 days, excluding Saturdays and Sundays and other judicial holidays, after the complaint is served upon the defendant.”
Cal. Civ. Proc. Code § 1167(a)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the California rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in California have to give for unpaid rent?

An unlawful detainer for unpaid rent requires a written three-day notice, excluding Saturdays, Sundays and other judicial holidays, requiring payment of the amount due or possession of the property. (Cal. Civ. Proc. Code § 1161(2)).

How much notice is needed to end a month-to-month tenancy in California?

An owner ending a periodic residential tenancy must give at least 60 days' notice before the proposed termination date. (Cal. Civ. Code § 1946.1(b)).