Your rights
I got an eviction notice in California. How many days do I have, and what can I do?
Short answer
A California notice to pay rent or quit, or to fix a problem or quit, gives you 3 court days, not counting weekends or court holidays. Move-out notices give 3, 30, 60 or 90 days. A notice is not an eviction: only a court can order you out, and you get 10 court days to answer its papers.
Date calculator · 2 kinds of rental
When does your California eviction notice run out?
Read from Code Civ. Proc. § 1161, Civ. Code § 1946.1 and the California courts' guide · checked Nov 1, 2026
Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.
Key points
- Pay or fix
- 3 court days: Saturdays, Sundays and court holidays don't count. A notice handed to you on the Friday before an ordinary weekend runs out the following Wednesday.
- Move out
- A 3-day notice to quit, and 30, 60 or 90-day notices, count every day; if the last day is a weekend or court holiday, the deadline is the next court day.
- Court
- 10 court days to file an Answer (form UD-105) after the papers are handed to you, more if they were left with someone or posted, and mailed.
- Just cause
- After 12 months, most tenants can be evicted only for a just cause stated in the notice. A no-fault reason comes with one month's rent in relocation help.
In California, an eviction starts with a written notice and can end only with a court judgment carried out by the sheriff. The notice tells you what the landlord wants and gives you a deadline. If you don't do what it asks in time, the landlord can file an unlawful detainer case, and you get a short window to answer. The courts say the whole process can take 30 to 45 days, or longer. California Courts self-help guide
This page goes deeper on California only: each kind of notice and how to count its days, what a valid 3-day notice to pay rent or quit must say, paying or fixing in time, just cause and relocation money under the Tenant Protection Act, the Answer and its deadline, defenses, the trial and what happens if you lose. For other states, see eviction notices in the 10 largest states.
The California eviction notices, and how long each gives you
A California eviction notice must be in writing, and its name tells you what it wants. "Pay or quit" and "perform or quit" notices give you a chance to pay or fix the problem; a "notice to quit" only tells you to move out. The number in its name, 3, 30, 60 or 90, is the number of days you have. California Courts · Code Civ. Proc. § 1161
| Notice | When a landlord uses it | How long you have |
|---|---|---|
| 3-day notice to pay rent or quit | You are behind on rent. Pay all the past-due rent, or move out. Code Civ. Proc. § 1161(2) | 3 court days, not counting Saturdays, Sundays or court holidays |
| 3-day notice to perform covenants or quit (also called a notice to cure) | You broke a lease rule that can be fixed, such as a pet the lease does not allow. Fix it, or move out. § 1161(3) | 3 court days, not counting Saturdays, Sundays or court holidays |
| 3-day notice to quit (unconditional) | A serious problem the landlord says can't be fixed: a nuisance, illegal use of the home, major damage (waste) or subletting against the lease. § 1161(4) | 3 days, counting every day |
| 30-day or 60-day notice to quit | The landlord is ending a month-to-month tenancy: 30 days if anyone has lived there less than 1 year, 60 days if all have lived there 1 year or more. Civ. Code § 1946.1 | 30 or 60 days, counting every day |
| 90-day notice to quit | Only for Section 8 housing, and only with a just cause stated in the notice. It must also say you have 10 days to discuss it with the landlord. California Courts | 90 days, counting every day |
| 30-day notice to vacate (CARES Act) | Your landlord has a federally backed mortgage or takes part in a covered federal housing program. California Courts · form UD-105, item 3o | 30 days, counting every day |
How to count the days on a California notice
Day 1 is the day after you got the notice. For a notice to pay rent or quit and a notice to perform covenants or quit, the law gives you 3 days, excluding Saturdays and Sundays and other judicial holidays, so you count court days only. For a notice that only tells you to move out, count every day, but if the last day is a Saturday, Sunday or court holiday, the deadline is the next court day. Code Civ. Proc. § 1161(2), (3) · California Courts · Attorney General
- A worked example. The Attorney General's example: a 3-day notice to pay delivered on the Friday before a non-holiday weekend runs out the following Wednesday. Monday is day 1, Tuesday day 2, Wednesday day 3.California Attorney General, eviction flyer
- How it was delivered sets day 1. A notice can be handed to you, left with another adult at your home or work and mailed to you, or posted on your home and mailed to you. When a copy is mailed, the courts tell landlords to count from the day after mailing. An email, a text message or a spoken notice alone is not enough.Code Civ. Proc. § 1162 · California Courts · Attorney General
- Court holidays move the date. California courts close on several state holidays. Each court holiday inside a court-day count moves the deadline one court day later. Check the courts' holiday list for the year.California Courts: court holidays
- The landlord must wait the full time. A landlord who files the case before the notice runs out can have the case dismissed, the courts warn landlords.California Courts
Is your 3-day notice to pay rent or quit valid?
A 3-day notice to pay rent or quit must state exactly how much rent is due and how to pay it. The Code requires the amount due; the name, telephone number and address of the person to pay; and, if you can pay in person, the usual days and hours that person is available. It can instead give a bank account within five miles of the rental, or an electronic transfer method you already use. Code Civ. Proc. § 1161(2)
- Rent only. The courts say the notice can include only past-due rent, not late fees, bounced-check fees or utilities, and it is not valid if it asks for more than you owe.
- Rent from the past year. The notice may be served at any time within one year after the rent became due; rent older than that is a defense. Code Civ. Proc. § 1161(2)
- Your full name and the rental address, and that all the past-due rent must be paid within 3 days or you must move out.
- Delivered the right way: by hand, or left with an adult or posted, plus a copy by mail. Code Civ. Proc. § 1162
Checklist
Check your 3-day notice to pay rent or quit
Tick each point your notice meets.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
Paying or fixing the problem before the deadline
If you pay all the rent the notice demands, or fix the problem, before the deadline, the landlord should not be able to start an eviction case. The courts note that a landlord doesn't have to accept part of the rent, only the full amount. Pay in a way you can prove, and tell your landlord in writing that you have paid or fixed the problem, keeping copies, receipts and photos. California Courts · Attorney General
- If the landlord refuses your full payment. Trying to pay all the rent before the deadline is a defense if the landlord would not take it. Note the date, the time and how you tried to pay.California Courts · UD-105, item 3c
- If the landlord takes rent after the deadline. The courts say that if the landlord accepts part or all of the rent after the deadline, the notice no longer counts and your rental agreement continues; the landlord would need a new notice.California Courts · UD-105, items 3e, 3j
- If you can't pay it all. Ask in writing for a payment plan or more time, and apply for rental assistance. A pending or approved rental assistance application for the amount in the notice is a defense listed on the Answer form.UD-105, item 3m
Letter generator · 3 letters
Write to your landlord about the notice
Built from Code Civ. Proc. § 1161 and Civ. Code § 1946.2, as the California courts and the Attorney General explain them · checked Nov 1, 2026
Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.
Just cause and relocation money under the Tenant Protection Act
After a tenant has lived in a home continuously and lawfully for 12 months, the landlord can end the tenancy only for a just cause, stated in the written notice. If an adult tenant was added before anyone reached 24 months, the rule applies once all tenants have lived there 12 months or one has lived there 24 months. Civ. Code § 1946.2(a)
| Kind of just cause | Examples | What the landlord owes |
|---|---|---|
| At fault | Unpaid rent, breaking a material lease term, nuisance, waste, criminal activity, refusing lawful entry, refusing to sign a similar new lease, subletting against the lease. § 1946.2(b)(1) | For a lease violation that can be fixed, a notice to fix it first; only then a 3-day notice to quit. § 1946.2(c) |
| No fault | The owner or a close relative moving in, taking the unit off the rental market, a government order to vacate, or demolishing or substantially remodeling. § 1946.2(b)(2) | Relocation help equal to one month's rent, paid within 15 calendar days of the notice, or a written waiver of the last month's rent. § 1946.2(d) |
- Owner move-in has conditions. The owner or relative must move in within 90 days after you leave and live there for at least 12 consecutive months; otherwise the unit must be offered back to you at the same rent and terms, and you may be owed moving costs. The notice must name the person moving in.Civ. Code § 1946.2(b)(2)(A) · Attorney General
- A notice that breaks the rules is void. An owner's failure to comply with the section makes the termination notice void, and failing to strictly follow the relocation rule voids the notice too.Civ. Code § 1946.2(d)(4), (g)
- Not every home is covered. Exempt are, among others, housing built in the last 15 years, a single-family home not owned by a corporation or REIT when you were told so in writing, a duplex where the owner lives in the other unit, and deed-restricted affordable housing. The Attorney General says the Act does cover tenants with Section 8 vouchers.Civ. Code § 1946.2(e) · Attorney General
- Local rules can be stronger. Where a city or county has its own just-cause ordinance, that ordinance can apply instead. The Act is in effect until January 1, 2030.Civ. Code § 1946.2(i), (n)
If your landlord files: the Summons and Complaint
If the notice runs out, the landlord can file an unlawful detainer case and have you served with a Summons (form SUM-130) and a Complaint (form UD-100 or a typed complaint). You then have four choices, the courts explain: respond in writing, try to reach an agreement, move out, or do nothing. Even if you plan to agree or move, the courts suggest filing an Answer so the case isn't decided without you. California Courts
- Notice
3 court days for a pay-or-quit or perform-or-quit notice; 3, 30, 60 or 90 days for a move-out notice.
- Case filed
You are served with the Summons and Complaint.
- Answer
10 court days after the papers are handed to you, longer for other kinds of service.
- Trial date
Either side files a Request to Set Case for Trial (form UD-150). The Code says trial is held within 20 days of the request; the courts say the date is usually about a month after it is filed. Code Civ. Proc. § 1170.5
- Judgment
If the landlord wins, the court enters a Judgment of Possession (form UD-110).
- Sheriff
The sheriff posts a Notice to Vacate that gives you 5 days to move out.
How long you have to answer: 10 court days
The Summons says you have 10 days, not counting Saturdays and Sundays and other judicial holidays, after it is served on you to file a written response and have a copy served on the landlord. Day 1 is the day after the papers were handed to you. A letter or phone call will not protect you. Form SUM-130, Rev. January 1, 2026 · Code Civ. Proc. § 1167
- If the papers were handed to you. 10 court days, even if you refused them and they were left near you.SUM-130 · California Courts
- If they were left with someone or posted, and mailed. Substituted service or service by posting: count 10 calendar days from the postmark date, which is the day you are considered served, then 10 court days more.California Courts
- If you were served through Safe at Home. The Secretary of State's address confidentiality program gives you 15 days from the date of service, not counting Saturdays and Sundays and other judicial holidays.SUM-130
- Older guides say 5 days. The time to answer used to be 5 court days. The Attorney General's printed eviction flyer still says 5 business days; the court's own Summons, revised January 1, 2026, says 10. Go by the date on your Summons, and file early.SUM-130 · Attorney General
The usual response is an Answer, form UD-105. List what you deny and your defenses; if the landlord asks for $1,000 or less you can use a general denial (box 2a), and above $1,000 you must say which statements you deny. Each person who files pays a filing fee of $240 to $450, or asks for a fee waiver. Instead of an Answer, a tenant may file a motion to quash service or a demurrer, which usually needs legal help. Form UD-105 · California Courts
Date calculator · 3 ways of service
When is your California Answer due?
Read from form SUM-130 (Rev. January 1, 2026) and the California courts' guide · checked Nov 1, 2026
Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.
Common defenses in a California eviction
You raise a defense by checking its box on the Answer and explaining the facts on an attachment (form MC-025), with dates. These are the common ones the courts list; they are not all of them. California Courts · UD-105
- The home isn't livable and the landlord didn't fix serious problems you reported, such as no heat, leaks, broken locks or no hot water (UD-105, item 3a). Code Civ. Proc. § 1174.2
- You tried to pay all the rent before the deadline, or the landlord took rent after the notice ran out (items 3c, 3j, 3e).
- The notice is wrong: not in writing, not delivered correctly, too much money, charges other than rent, or no payment instructions (item 3s).
- The Tenant Protection Act: no just cause stated, no chance to fix a lease violation, no relocation money, or rent raised above the cap (item 3i).
- Retaliation: the landlord is evicting you because you asked for repairs or complained to an agency; the Civil Code bars that within 180 days, if you are not behind on rent. Civ. Code § 1942.5
- Discrimination, a local rent control or eviction ordinance, Section 8 or another federal program's rules, or abuse or violence against you or your household (items 3g, 3h, 3k).
The trial, and what to say to the judge
After you file an Answer, you or the landlord asks for a trial with form UD-150, and the court mails you the date. You can ask for a jury; it costs $150 plus a daily fee for jurors, or you can ask for a fee waiver. Bring 3 copies of each piece of evidence: photos, rent receipts or money orders, texts and emails, and the notice. Plan to stay up to 4 hours. California Courts
“Do you have a defense?”
You can say: “Your Honor, I believe I have a defense to being evicted. My defense is that the 3-day notice asked for more than the rent I owed.”
“What is your evidence?”
You can say: “Your Honor, I have rent receipts to show I paid what I owe.”
“Can the two of you try to agree?”
You can say: “Yes, I am willing to talk. I won't leave before the judge approves any agreement.”
Before the trial, the judge may ask you to talk with the landlord, sometimes with a mediator. If you agree, don't leave until the judge approves the agreement, and take a signed copy. The courts note that mediation agreements can say the court won't enter an eviction judgment if you follow the agreement, and that the eviction won't appear on your credit report. California Courts
If you lose: the 5-day notice, more time, and your record
- Judgment. The court gives the landlord a Judgment of Possession (form UD-110), and the landlord gets a Writ of Execution (form EJ-130) for the sheriff.
- The sheriff's Notice to Vacate. It gives you 5 days to move out. If you don't, the sheriff can lock you out.
- More time to move. You can ask the court for a stay of execution: at least 1 court day before the move-out date, after telling the landlord at least 24 hours before you go to court, with money for each extra day. A judge may give up to 40 more days, usually less.
- Missed your court date? You may be able to ask the court to set the judgment aside, for example after an emergency.
- Money owed. The landlord can collect a money judgment by taking up to 25% of your paycheck or by a bank levy; Social Security and other exempt income can be protected with a claim of exemption.
Lockouts and utility shutoffs are illegal
It is illegal for a California landlord to evict you by locking you out, shutting off the water or electricity, or removing your belongings. The only lawful way is a court case; only a sheriff or marshal, with a court order, can make you leave. A tenant who has been locked out should get legal help about returning and about damages. Civ. Code § 789.3 · Attorney General
Free help in California
Common questions about eviction notices in California
How long does an eviction take in California?
The courts say 30 to 45 days or longer after the notice. That is 3 court days on a pay-or-quit notice, 10 court days to answer, a trial the Code sets within 20 days of a request, then 5 days after the sheriff's Notice to Vacate.
How many days is a 3-day notice in California?
For a notice to pay rent or quit, or to perform covenants or quit, 3 court days: Saturdays, Sundays and court holidays don't count, and day 1 is the day after you got it. A notice delivered on the Friday before an ordinary weekend runs out on Wednesday. A 3-day notice to quit counts every day. Use the date tool.
Can a tenant be evicted immediately in California?
No. The landlord must give a written notice, wait for it to run out, win a court case, and have the sheriff carry out the judgment. Locking you out, shutting off utilities or removing your things to force you out is illegal.
Can a 3-day notice include late fees?
No. The courts say a notice to pay rent or quit can include only past-due rent, not late fees, bounced-check fees or utilities, and it is not valid if it asks for more than you owe.
Does my landlord have to accept part of the rent?
No, only the full amount the notice states. But if the landlord accepts rent after the notice runs out, the courts say the notice no longer counts and a new one is needed.
How long do I have to respond to an eviction lawsuit in California?
10 court days after the papers are handed to you, as the Summons (form SUM-130) says. If they were left with someone or posted and mailed, count 10 calendar days from the postmark, then 10 court days. Through Safe at Home, 15 court days. Use the Answer date tool.
Can I be evicted without a reason in California?
After 12 months, most tenants can be evicted only for a just cause stated in the notice, under the Tenant Protection Act. Some housing is exempt, such as housing built in the last 15 years, and local ordinances can protect you more.
How much relocation money do I get in California?
For a no-fault just cause, one month's rent, paid within 15 calendar days of the notice, or a written waiver of your last month's rent. A notice that doesn't follow this rule is void.
What do I say to a judge to stop an eviction?
State your defense and show your proof. The courts suggest starting: "Your Honor, I believe I have a defense to being evicted. My defense is..." Then show the notice, your receipts or your photos. A defense works only if you listed it in your Answer.
How do I keep an eviction off my record in California?
The Attorney General says an eviction can be on your credit record for 7 years, so the best protection is to avoid a judgment: pay or fix in time, answer and raise your defenses, or settle. The courts note a mediated agreement can provide that no judgment is entered and nothing goes on your credit report.
Official sources
- Superior Court of California, County of Madera: code sections on ending a tenancy (Code Civ. Proc. §§ 1161, 1162, 1170.5; Civ. Code §§ 1942.5, 1946.1, 1946.2, 1947.12), updated April 1, 2024 (PDF) madera.courts.ca.gov
- Judicial Council of California: Summons, Eviction (form SUM-130), Rev. January 1, 2026 (PDF) courts.ca.gov
- Judicial Council of California: Answer, Unlawful Detainer (form UD-105), Rev. January 1, 2026 (PDF) courts.ca.gov
- California Courts self-help guide: the eviction process for tenants selfhelp.courts.ca.gov
- California Courts self-help guide: if you get a notice selfhelp.courts.ca.gov
- California Courts self-help guide: types of notices (3, 30, 60 and 90-day notices, CARES Act) selfhelp.courts.ca.gov
- California Courts self-help guide: delivering a notice (for landlords) selfhelp.courts.ca.gov
- California Courts self-help guide: the Summons and Complaint, and how much time you have selfhelp.courts.ca.gov
- California Courts self-help guide: fill out an Answer form selfhelp.courts.ca.gov
- California Courts self-help guide: defenses in an eviction case selfhelp.courts.ca.gov
- California Courts self-help guide: what to expect at your eviction trial selfhelp.courts.ca.gov
- California Courts self-help guide: mediation in eviction cases selfhelp.courts.ca.gov
- California Courts self-help guide: what happens if you lose your eviction case selfhelp.courts.ca.gov
- California Courts self-help guide: ask for more time to move (stay of execution) selfhelp.courts.ca.gov
- California Courts self-help guide: legal and housing resources selfhelp.courts.ca.gov
- California Attorney General: landlord-tenant issues (Tenant Protection Act, lockouts, retaliation) oag.ca.gov
- California Attorney General: Know your rights as a California tenant, evictions (PDF) oag.ca.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.