California Eviction Notices Explained: 3-Day, 30-Day, and 60-Day Notices — and How to Serve Them
The notice a California landlord must use depends on the reason for ending the tenancy. A three-day notice to pay rent or quit is used for nonpayment; a three-day notice to perform covenants or quit covers curable lease violations; and 30-day or 60-day notices end a month-to-month tenancy — 30 days if the tenant has lived there under a year, 60 days if a year or more. Each notice has strict content and service rules, and an error in the amount, the deadline, or the method of service can void it.
The eviction notice is the single most important document in a California eviction — and the one owners get wrong most often. Serve the wrong notice, demand the wrong amount, or serve it improperly, and a court can throw out the case no matter how legitimate your reason. Here is how the main notice types work, and what it takes to serve them correctly.
The 3-day notice to pay rent or quit
This is the notice for nonpayment of rent. It gives the tenant a short window to either pay the rent owed or move out. The demand generally must be for rent only — folding in late fees, utility charges, or other amounts can jeopardize the entire notice. Overstating what is owed is one of the most common reasons a pay-or-quit notice fails, because the tenant can argue the demand was improper.
The 3-day notice to perform covenants or quit
This notice is used when a tenant has breached a term of the lease that can still be fixed — an unauthorized occupant, a pet in violation of the lease, or a similar curable violation. It gives the tenant the chance to correct the problem or leave. Some serious conduct is treated as incurable and uses a notice to quit instead. Matching the notice to the nature of the violation matters.
The 30-day and 60-day notices
These end a month-to-month tenancy where no lease term remains. As a general rule, a 30-day notice applies when the tenant has lived in the unit less than a year, and a 60-day notice applies when the tenant has lived there a year or more. Where California's just-cause rules apply — generally tenancies of 12 months or more in covered units — ending the tenancy may also require a qualifying reason, and for no-fault terminations, relocation assistance. We cover when just cause applies in a separate piece.
How a notice must be served
California recognizes a few methods of service, and the method affects when the clock starts. Personal service means handing the notice directly to the tenant. Substituted service means leaving it with a suitable person at the home or workplace and mailing a copy. Post-and-mail service — sometimes called "nail and mail" — is used when the other methods cannot be accomplished, by posting the notice at the property and mailing a copy. Using the wrong method, or skipping the required mailing, is a frequent and fatal error.
Counting the days
Day-counting rules are technical and easy to get wrong. Notice periods generally exclude the day the notice was served, and certain notice periods exclude weekends and court holidays from the count. Miscounting by even a day can void a notice. When the deadline matters, it is worth confirming the exact count rather than estimating.
The mistakes that void a notice
The recurring, case-ending errors are the same ones judges see over and over: the wrong dollar amount, the wrong number of days, the wrong type of notice for the situation, improper service, a misnamed or misdescribed tenant, and demanding charges that are not rent. Because the notice is the foundation of the unlawful detainer case, a defect here does not just weaken the case — it can end it and force the owner to start over. Having the notice reviewed before it is served prevents almost all of these.