What notice must my landlord give before filing an eviction?

What the Law Says

California law requires landlords to serve a written notice before filing an unlawful detainer (eviction) lawsuit. The required notice period depends on the reason for eviction and how long you’ve lived in the unit.

For unpaid rent, the landlord must give a 'Three-Day Notice to Pay Rent or Quit' — you have 3 days to pay all past-due rent (plus late fees if allowed by lease) or move out.

For month-to-month tenancies without cause (no fault), the landlord must give either a 30-day or 60-day written notice. If you’ve lived in the unit for less than one year, it’s 30 days. If you’ve lived there one year or more, it’s 60 days — unless the property is a single-family home or condo owned by an individual who meets certain conditions, in which case a 30-day notice may apply.

Some cities with rent control or just-cause ordinances (e.g., Los Angeles, Oakland, San Francisco) require longer notices — often 90 days — and additional justifications. State law does not override these stronger local protections.

All notices must be in writing, include specific details (e.g., amount owed, deadline, address), and be properly served — either by personal delivery, substituted service (leaving with a competent person + mailing), or posting and mailing under strict rules.

Statutory Text

A three-day notice to pay rent or quit shall state the amount of rent due… and the name, telephone number, and address of the person to whom payment may be made.

— Code of Civil Procedure, § 1161(2) — Grounds for unlawful detainer

Statutory Text

If the tenant has been in possession for a year or more, the notice must be for sixty days… unless the property is a single-family dwelling or condominium… and the owner intends to occupy it.

— Civil Code, § 1946.1(b) — Termination of periodic tenancy

What to Do

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