Gone are the days when a quick text or friendly note was enough to reclaim your rental property. In today’s California legal climate, giving a tenant notice to vacate is like preparing for court—because if you get it wrong, that’s exactly where you might end up. One misstep with notice timing, lease terms, or service method can lead to delays—or worse, lawsuits.
If you’re self-managing and unsure where to start, give us a call at (858) 207-4595. We help landlords stay compliant, profitable, and protected.
Key takeaways
- Texts or casual letters don’t cut it anymore—legal notices in California need to be precise and properly served.
- You must know what kind of lease your tenant has and whether your property is covered under AB 1482 or a local rent control ordinance.
- State law often requires 30-, 60-, or 90-day notices depending on tenant status, lease type, and property location.
- Improper service or a retaliatory motive can expose you to serious legal trouble.
- Some cities require landlords to provide relocation assistance when ending a tenancy.
Table of Contents
Where to Begin with the Eviction Notice Process
Before you fill out a form or tape anything to the tenant’s door, take a moment to step back and assess the situation. California’s eviction laws are full of technicalities, and figuring out the right notice to give isn’t always straightforward.
The process starts with understanding your property, your lease, and your tenant’s situation. These details determine which notice you can give—and how much time you must provide. Miss one step and the whole process could be delayed or challenged in court.
Let’s walk through the key questions that will set you up for success.
Step 1: Ask Yourself These Four Questions Before Giving Notice
Serving a legal notice to vacate in California starts with understanding your situation. These four questions will help you determine which notice to use, how much time to give, and what legal requirements apply.
1. What kind of lease do you have?
Your tenant’s lease type makes a huge difference.
- Fixed-term lease: This is a lease with a specific end date—like one year. You cannot terminate it early without a legally recognized reason, such as nonpayment of rent or a lease violation. If the tenant is still within the lease term and hasn’t broken any rules, you usually have to wait until it expires before asking them to move out.
- Month-to-month lease (or “periodic tenancy”): If the lease has rolled over or was never fixed-term to begin with, you can terminate it by giving written notice—30 or 60 days depending on how long the tenant has lived there.
Pro tip: Some leases automatically convert to month-to-month after the end date unless one party gives notice. Check your lease agreement’s renewal clause.
2. How long has the tenant lived there?
The length of occupancy determines how much notice you need to give:
- Less than one year: You can give a 30-day notice.
- One year or more: You must provide at least 60 days’ notice.
This rule applies under California state law and cannot be shortened—even if your lease says otherwise.
If your property is subject to AB 1482 or a local rent ordinance, additional just cause or relocation requirements may apply regardless of how long the tenant has lived there.
3. Are they on government assistance or Section 8?
If your tenant receives a Housing Choice Voucher (Section 8) or any other government subsidy, federal law requires a 90-day notice, even if state or local law would normally allow for less.
This rule overrides typical California timelines. It’s designed to give subsidized tenants more time to find a new place, which can be challenging due to discrimination or market constraints.
Even if the lease is month-to-month or the tenant has been there less than a year, 90 days is the minimum notice required.
4. Where is the property located?
Your city or county may have additional tenant protection rules that go beyond state law.
For example:
- Santa Ana and Costa Mesa require landlords to file notices with the city or offer extended relocation assistance.
- San Diego has its own Tenant Protection Ordinance that can require two or three months’ relocation payments, depending on tenant demographics and length of tenancy.
- Palm Springs and Laguna Beach have strict local rules around no-fault evictions.
You’ll need to verify whether your property falls under any local tenant protection ordinances and follow both the state and city-level rules.
Step 2: Know the Legal Reasons for Termination
If your property is subject to the Tenant Protection Act (AB 1482) or local rent control laws, you cannot just end a tenancy “because you feel like it.” California requires a “just cause” reason to terminate a lease.
There are two types of just cause under state law:
At-Fault Just Cause
This applies when the tenant has done something wrong, like:
- Not paying rent
- Repeated late payments
- Breaching the lease
- Damaging the property
- Engaging in criminal activity
- Refusing access for inspections or repairs
If you use an at-fault reason, you may be able to give a 3-day notice to cure or quit, followed by a termination notice if the issue continues.
No-Fault Just Cause
This applies when the tenant hasn’t done anything wrong, but the owner has a legal reason to reclaim the property. Common reasons include:
- The owner or a family member plans to move in
- The owner is permanently removing the unit from the rental market (e.g., under the Ellis Act)
- The property needs substantial renovations or demolition with permits
- A government order or court mandates the tenant must leave due to habitability or code issues
No-fault evictions require relocation assistance. Under AB 1482, landlords must either:
- Pay one month’s rent as a relocation payment
- Waive the tenant’s final month of rent
This requirement must be clearly stated in the termination notice. If you don’t include it, the notice is invalid.
| Type of Notice | When to Use | Notice Period |
|---|---|---|
| 3-Day Notice to Pay Rent or Quit | Tenant has unpaid rent | 3 calendar days |
| 30-Day Notice to Vacate | Tenant under 1 year of residency | 30 calendar days |
| 60-Day Notice to Vacate | Tenant over 1 year of residency | 60 calendar days |
| 90-Day Notice | Section 8 or subsidized housing tenants | 90 calendar days |
Official guide to notice types:
California Courts: Types of Eviction Notices
Step 3: Understand Local Laws and Relocation Assistance
State law sets the minimum, but many cities go further—especially in rent-controlled areas. That means you may owe more than one month’s rent or have to meet additional requirements.
Cities like San Diego, Santa Ana, and Palm Springs often require:
- Two to three months of relocation assistance, depending on the tenant’s situation
- Higher payouts for seniors, disabled tenants, or households with children
- Mandatory city filings or tenant notices, such as disclosure forms or advance reporting
Failing to follow local rules can lead to fines or invalidate your notice entirely.
Step 4: Serve the Notice the Right Way
Your notice to vacate isn’t legally valid unless it’s delivered exactly as California law requires. If you mess up this step, your entire eviction could be delayed—or thrown out in court. Here’s how to do it properly:
Three Legal Ways to Serve Notice
1. Personal Delivery
The best and most direct method. Hand the notice to the tenant in person. This starts the clock for the notice period immediately.
2. Substituted Service and Mailing
If the tenant isn’t home, you may leave the notice with another adult who appears to live there. You must also mail a copy of the notice to the tenant at the rental property address. This method delays the notice timeline by 5 extra days, so plan accordingly.
3. Posting and Mailing (a.k.a. “Nail and Mail”)
If no one answers the door and no one is available to accept the notice, you may tape or tack the notice to the front door in a visible spot. You must then mail a copy of the notice to the tenant. Like substituted service, this also adds 5 calendar days to the notice period.
Be sure to use first-class mail—not certified mail—unless you’re specifically instructed otherwise by your attorney or the court.
Common Mistakes to Avoid
- Don’t email or text the notice. Electronic service isn’t recognized under California landlord-tenant law.
- Don’t fill out the “proof of service” in advance. You won’t know how the tenant will receive the notice until you attempt to serve it. Wait until after delivery to complete this critical form.
- Always keep a copy of the served notice and proof of service. You’ll need this in court if the eviction proceeds.
For official delivery instructions:
California Courts: How to Deliver an Eviction Notice
We're Here to Help You Serve Notice the Right Way
Serving a notice to vacate in California isn’t as simple as it used to be. With changing laws, stricter timelines, and relocation assistance requirements, it’s more important than ever to follow the law to the letter.
At Good Life Property Management, we believe that life should be enjoyed, not spent sweating the small stuff. That’s why we set out on a mission to make property management easy. We care about you, your property, and your tenant. And we do it all so you can Live the Good Life.
Schedule a call to speak with one of our Good Life experts. We’ll help you get the right form, serve it properly, and keep your eviction process compliant and smooth.
FAQs About Serving a Notice to Vacate in California
1. Can I email a notice to vacate to my tenant?
No. Notices must be physically served—either in person, by posting and mailing, or via substitute service.
2. How long is a 60-day eviction notice valid in California?
It gives tenants 60 calendar days to vacate, starting from the day they receive it.
3. Is relocation assistance required every time?
Only if your property falls under AB 1482 or local rent control laws. Check before giving notice.
4. Do I need to give a reason for terminating a lease?
Yes, if your property is subject to AB 1482 or local tenant protection laws. Just cause is required.
5. What if I make a mistake serving the notice?
Your case could be delayed or dismissed. It’s best to work with a property manager or attorney.
Resources and Useful links:
- California Courts: Types of Eviction Notices
- California Courts: How to Deliver an Eviction Notice
- AB 2347: Key Eviction Timeline Updates for California Landlords
- Key Eviction Rule Changes Every California Landlord Should Know
- California Eviction Process: Cost & Steps
- AB 1482: California’s Rent Control Law Explained
Steve Welty
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