Give your tenant notice
If you're having a problem with a tenant or want them to move out for a legal reason, you must tell them in writing before you take any legal action. This is called giving notice.
A notice is a written warning that you’ll start a court case if the tenant doesn't move out or fix the problem.
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Before you start
Make sure you have a legal reason to give notice
In California, you can usually start an eviction case (also called unlawful detainer) if your tenant:
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Doesn’t pay rent on time or stops paying rent
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Breaks the lease or rental agreement and won’t fix the problem (for example, having a pet when pets aren’t allowed)
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Damages the property in a way that lowers its value (committing waste in legal terms)
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Is a serious nuisance, like disturbing neighbors even after being asked to stop
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Uses the property to do something illegal
You can also give notice if you or your close family members want to move into the home.
You may be able to evict your tenant if:
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They stay after the lease ends
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You cancel the rental agreement with proper notice
⚠️ Important: These last 2 reasons may not be enough in some places with eviction control laws.
You cannot evict a tenant for illegal reasons
You can’t evict someone because of:
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Their race, sex, religion, national origin, marital status, sexual orientation, number of children, job, disability, or because they get public assistance
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Retaliation, for example, because they:
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Reported repairs or code violations
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Called emergency services
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Took other legal actions against you
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You also can’t:
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Lock a tenant out of their home
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Shut off gas, water, or heat to make them move out
When you may not need to give notice
You usually must give a notice before starting an eviction case. But there are a few exceptions:
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Fixed-term lease ends: If the lease ends and you don’t extend it, you can start a case without notice, but don’t take rent after the lease ends or you’ll create a month-to-month tenancy (which requires notice).
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Tenant gave notice but didn’t leave: If your tenant said they’d move out but stayed, you can start a case without notice.
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Tenant works for you and lives on the property: If their job ends, you can start a case without notice.
How to prepare a notice
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Find the right type of notice
Different situations need different types of notices.
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Fill out the notice
Notices aren’t court forms, but you can find samples:
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In books at the library
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From a lawyer
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At your court’s self-help center
📌 Make sure your notice meets California law and any local city or county rules. If it’s missing required information, you could lose your case.
💬 Consider talking with an eviction lawyer to make sure you’re using the right form and filling it out correctly. Find legal resources for eviction and housing.
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Make a copy
Keep a copy of the notice for your records.
Key takeaways
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You must usually give a tenant written notice before starting an eviction case.
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You must have a legal reason to evict, like not paying rent, breaking the lease, or causing serious problems.
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You can’t evict for illegal reasons like discrimination or retaliation.
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Some situations allow you to skip notice, like when a fixed-term lease ends and you don’t extend it.
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Make sure your notice meets California law and local rules, or you could lose your case.