California eviction rules for tenants

If you get an eviction notice

1. Read it closely: the kind of notice, the amount, the dates and how it was delivered. Use the timeline below.
2. Don't move out or stop paying because of a notice alone. Only a court can order an eviction; the notice is the first step.
3. Get free legal help now. Legal aid and the court's self-help center can check whether the notice is valid.
4. If you are served with court papers, respond by the deadline and go to every hearing. Missing one can mean losing by default.
5. Keep copies of the notice, your lease, rent receipts, texts and photos.

Eviction in California

Notice for unpaid rent

3-day notice to pay rent or quit. Saturdays, Sundays and court holidays are NOT counted. The notice must state the exact rent owed and who to pay, where and how. If the unit is covered by the Tenant Protection Act or a local just-cause law, the landlord also needs a lawful 'just cause.'

Notice for a lease violation

3-day notice to cure (fix) or quit for a fixable lease violation (weekends and court holidays not counted). Some serious violations (nuisance, illegal use) allow a 3-day notice to quit with no chance to cure.

Ending a month-to-month tenancy

Landlord: 30 days if any tenant has lived there less than one year; 60 days if everyone has lived there a year or more; 90 days for some subsidized tenancies. Under the Tenant Protection Act (most units after 12 months), the landlord also needs a just cause stated in the notice. For 'no-fault' causes (such as the owner moving in or a substantial remodel) the landlord must pay you one month's rent as relocation help within 15 days of the notice, or waive the last month's rent in writing. Since April 1, 2024 (SB 567), an owner move-in only counts if the owner or relative moves in within 90 days after you leave and lives there at least 12 months; if not, the owner must offer the unit back to you at the same rent and pay moving costs. A notice that breaks these rules is void, and a landlord who willfully violates them can owe up to three times your actual damages. Tenant: notice equal to the rent period (usually 30 days). Civ. Code §§ 1946.1, 1946.2.

Time to respond to an eviction lawsuit

10 days after you are served, not counting Saturdays, Sundays or court holidays. Code Civ. Proc. § 1167.

Lockouts and utility shutoffs

Yes. A landlord may not, in order to force you out, lock you out, change locks, cut off water, gas, electricity or other utilities, remove doors or windows, or take your belongings. You can recover your actual damages plus up to $100 for each day the violation continues, with a minimum of $250 for each violation, and the winner gets attorney's fees. Civ. Code § 789.3.

Court self-help

The court's eviction self-help page

Law

Code Civ. Proc. §§ 1161, 1167; Civ. Code §§ 789.3, 1946.1, 1946.2

Eviction notice timeline for California

Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.

Where to get free help in California

• California Courts Self-Help Guide: Eviction (tenants)
• California Department of Real Estate: California Tenants guide (2026 Landlord Tenant Guide)
• California Courts: Help at your court (free court self-help centers)

Retaliation in California

The landlord may not evict you, raise rent or cut services because you complained about conditions (to the landlord or a government agency), used repair-and-deduct, asked for an inspection, filed a lawsuit, or organized with other tenants. If the landlord acts within 180 days after you did one of these things, retaliation is presumed, as long as your rent is current and you have not used this defense more than once in 12 months. You can recover actual damages, plus $100 to $2,000 for each retaliatory act if the landlord acted with fraud, oppression or malice. Civ. Code § 1942.5.

Rent increases and rent control in California

Notice of a rent increase

Month-to-month: at least 30 days' written notice for an increase of 10% or less within 12 months; at least 90 days for more than 10% (add 5 days if mailed). A fixed-term lease cannot be raised during the term unless it allows it. Civ. Code § 827.

Rent control

Yes, statewide cap (Tenant Protection Act, AB 1482, Civ. Code § 1947.12): increases over 12 months are limited to 5% plus inflation (CPI), never more than 10%, and at most two increases in 12 months. Exempt: buildings under 15 years old, single-family homes and condos not owned by a REIT or corporation (if you got written notice of the exemption), an owner-occupied duplex, and some affordable housing. The cap runs until January 1, 2030. Cities may also have local rent control (for example Los Angeles, San Francisco, Oakland); local laws adopted after September 1, 2019 apply only if stronger than state law.

Questions about eviction in California

More for California renters

• All California tenant rights
• Security deposit: California
• Repairs: California
• Eviction notice periods by state
• Guide: what to do if you get an eviction notice

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