Defective Eviction Notices in California

An eviction notice is a written document that may be required before a landlord can file an unlawful detainer case in California. A notice may be defective when its content, timing, or delivery does not meet the applicable legal requirements. Whether an error affects an eviction case depends on the notice, the circumstances, and the governing law.

Common Types of Eviction Notices

California uses different notices for different grounds for ending a tenancy. A three day notice to pay rent or quit concerns unpaid rent. A three day notice to perform covenants or quit concerns certain lease violations that can be corrected. A three day notice to quit may apply to certain serious violations. Thirty day and sixty day notices may apply to some tenancy terminations, subject to state and local protections.

The required notice and its contents depend on the circumstances. The required content depends on the notice type and applicable law.

Errors That Can Make a Notice Defective

Missing or Incorrect Information

A notice may omit information required for its particular type, identify the wrong premises, describe the alleged violation inadequately, or state an incorrect deadline. A notice demanding unpaid rent must specify the amount due and legally required payment information.

Incorrect Rent Amounts

A three day notice to pay rent or quit generally must demand unpaid rent rather than late fees, utility charges, or damages. An incorrect rent demand may affect the notice's validity.

Improper Delivery

California Code of Civil Procedure section 1162 provides methods for serving certain eviction notices, including personal delivery and, when the statutory conditions are met, substituted service or posting and mailing. A defect in the wording of a notice is different from a defect in how it was delivered. A notice may contain the required information but still be improperly served. The requirements for serving a notice also differ from the rules for serving a court summons and complaint.

Incorrect Notice Period

For a three day notice to pay rent or quit or perform covenants or quit, Saturdays, Sundays, and court holidays are generally excluded from the three day period. A three day notice to quit without an opportunity to correct the violation generally counts calendar days. Other notices have different timing rules.

State and Local Requirements

California's Tenant Protection Act and applicable city ordinances may require just cause, additional notice language, or other procedures. Whether a particular requirement applies depends on the property and tenancy.

How a Defective Notice May Affect an Eviction Case

A landlord generally must establish that the required notice was legally sufficient when relying on it in an unlawful detainer case. If a court finds a material defect, the notice may not support the requested eviction judgment, and the case may be dismissed. The effect of an error is determined by the court based on the applicable law and facts.

Notice Requirements and an Answer to an Unlawful Detainer

An eviction notice is different from the summons and complaint filed in court. Once an unlawful detainer case is filed and served, a tenant may respond with an Answer to an Unlawful Detainer (form UD-105). The deadline depends on the method of service. For personal service, the general deadline is ten court days; substituted service or posting and mailing generally involves an additional ten calendar days before the ten court days begin. These deadlines concern court papers, not the earlier eviction notice.

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