1. Why Notice Rules Matter
Proper notice is the legal on-ramp to any change in a California tenancy.
- Ensures due-process before eviction or rent hikes.
- Creates a clear paper trail if disputes reach court.
- Protects tenants from surprise moves and landlords from wrongful-eviction claims.
| Statute | Purpose | Min Days | Service Methods | Common Pitfalls |
|---|---|---|---|---|
| CCP §1161 | 3-Day Pay or Quit | 3 | Personal; Post & Mail | Weekend counting errors |
| Civ §1946 | 30/60-Day Termination | 30/60 | Personal; Certified Mail | Wrong notice length |
| HUD §8-1306 | Voucher Rent Hike | 90 | Mail + Copy to PHA | Missing good-cause |
Judges dismiss hundreds of eviction suits each year because notices are signed on the wrong date, fail to list total rent due, or arrive one day short of the statutory minimum. Double-check each requirement before serving—or risk starting over.
- Altering notice after service.
- Counting the day of delivery as Day 1 for 3-day notices.
- Using generic forms that omit property address.
2. 3-Day Notice to Pay Rent or Quit
The 3-Day Notice is California’s fast-track remedy for unpaid rent.
- When this notice applies: any past-due rent not paid by the contractual due date.
- Cannot be served until rent is at least one day late.
- Weekends and court holidays do not count toward the three-day clock.
| Statute | Minimum Days | Who Uses It | Service Methods | Common Pitfalls |
|---|---|---|---|---|
| CCP §1161(2) | 3 | Landlord | Personal, Post & Mail | Including late fees in total |
Counting example: Rent due Friday. Landlord serves notice Saturday. Because Saturday and Sunday are excluded, Day 1 is Monday, Day 3 is Wednesday. Earliest eviction filing: Thursday. AB 2179 rent-relief rules (now sunset) once paused non-payment cases—double-check any local moratoria before proceeding.
- Demanding fees or utilities in the “amount due”.
- Accepting partial payment without issuing a new notice.
- Serving by email—not permitted.
3. 30-Day Notice (Tenancy < 1 Year)
The 30-day notice answers the question “how many days notice must a landlord give in California for a month-to-month under one year?”
- Applies when all residents have occupied the unit less than 12 consecutive months.
- Used by either tenant or landlord to end a periodic tenancy.
- Prorated rent required if tenant vacates before month-end.
| Statute | Min Days | Who Uses It | Service Methods | Common Pitfalls |
|---|---|---|---|---|
| Civ Code §1946 | 30 | Landlord or Tenant | Personal, Certified Mail | Failing to sign or date the notice |
Tenants should always send the notice via certified mail and keep the receipt. Landlords must ensure the notice period spans an entire 30 days—not merely one rent cycle—when rent is due mid-month. Some cities with just-cause rules require an additional reason code even for 30-day terminations.
- Landlord raising rent in same notice—serve separately.
- Tenant forgetting forwarding address for deposit refund.
4. 60-Day Notice (Tenancy ≥ 1 Year)
Once tenants reach the 12-month mark, California law doubles the termination window.
- Required for “no-fault” terminations of long-term month-to-month tenancies.
- Just-cause cities may replace this with more stringent rules.
- Relocation assistance sometimes due when owner move-in applies.
| Statute | Min Days | Who Uses It | Service Methods | Common Pitfalls |
|---|---|---|---|---|
| Civ Code §1946 | 60 | Landlord or Tenant | Personal, Certified Mail | Ignoring AB 1482 just-cause overlay |
Under statewide just-cause (AB 1482) rules, a landlord must select a defined no-fault reason (owner move-in, withdrawal, substantial remodel) or pay relocation fees. Failure to specify cause renders the notice void. Tenants may use 60-day notice voluntarily but still owe prorated rent if they leave early.
- Serving a 30-day notice to a 12-month-plus tenant.
- Omitting just-cause check-box in covered jurisdictions.
5. 90-Day Notice for Subsidized Housing
Voucher tenants enjoy extra time because housing authorities must review every rent change.
- Applies to Section 8 and other HUD-subsidized contracts.
- Landlord must serve tenant and Public Housing Authority (PHA).
- Notice must state a good-cause reason and proposed new rent.
| Regulation | Min Days | Who Uses It | Service Methods | Common Pitfalls |
|---|---|---|---|---|
| HUD HCV Guide §8-1306 | 90 | Landlord | Mail to Tenant & PHA | Missing PHA copy |
Tenants should forward any 90-day notice to their case worker immediately. Landlords cannot cite “market rent” alone; they must show the new amount meets HUD’s rent-reasonableness test. Failure to follow HUD protocol forces the landlord to restart the 90-day clock.
- Serving only the tenant, not the PHA.
- Setting an effective date under 90 days.
6. Other Statutory Notices
California law also mandates shorter notices for entry and pest control.
- 24-Hour Entry: Repairs, inspections, showings. Emergency entry needs no notice.
- 48-Hour Pest-Control: Fumigation or pesticide application.
- Abandonment Check: 48-hour notice if landlord believes unit is vacated.
| Purpose | Statute | Min Notice | Service Methods | Pitfalls |
|---|---|---|---|---|
| Landlord Entry | Civ §1954 | 24 hrs | Written, Email, Text | Unclear time window |
| Pest Control | Civ §1954 | 48 hrs | Posted + Mail | No pesticide info sheet |
Entry notices must specify approximate time. “Sometime on Tuesday” is insufficient. Tenants can refuse improperly noticed entry and request a restart of the 24-hour clock. Pest control notices must identify chemicals used and safe re-entry time.
- Combining entry and termination notices in one document.
- Using generic “within business hours” without a time range.
Step-by-Step Guide to Serving or Responding to a Notice
- Identify the Correct Notice – Match the situation to 3-, 30-, 60-, or 90-day rules before drafting anything.
- Verify Statutory Grounds – Confirm non-payment, lease breach, or no-fault cause truly applies.
- Calculate the Deadline – Use our Notice Calculator to avoid counting errors.
- Draft Mandatory Language – Include address, amount due, cause, and full statutory citation.
- Choose Service Method & Keep Proof – Personal delivery with witness, or post-and-mail plus certificate.
- Count Days Correctly – Exclude weekends/holidays for 3-day notices; include all calendar days for others.
- Follow-Up & Document – Log contact attempts, payments, or tenant replies in writing.
- Escalate Properly – File unlawful detainer only after statutory period ends and proof of service is in order.
Frequently Asked Questions
Tenant Support Organizations
Housing Rights Center
Serving Los Angeles County, HRC offers free hotlines, discrimination counseling, and notice-review clinics. Staff help tenants draft compliant responses and connect them to pro-bono attorneys when eviction is threatened. Hotline: (800) 477-5977 — housingrightscenter.org
Tenants Together Statewide Hotline
California’s largest tenant coalition runs a volunteer hotline four days a week, explaining 3-, 30-, and 60-day notices and helping renters prepare evidence for court. Members gain templates and referrals to local legal aid. Phone: (888) 495-8020 — tenantstogether.org
Legal Aid Association of California
LAAC aggregates legal aid offices statewide and offers an online finder tool. Programs regularly host workshops on landlord notice California rules and provide representation for low-income renters facing wrongful eviction. laaconline.org
HUD FHEO Region IX
The federal Fair Housing & Equal Opportunity office investigates discriminatory notice practices and illegal lockouts in Arizona, California, Nevada, and Hawaii. Tenants can file complaints online or via phone. hud.gov/fheo