Know Your Rights as a California Tenant - Evictions

Sep 15, 2026

Uploaded by Connor

Consumer Alert explains how California tenants can respond to eviction notices and avoid unlawful tactics. It emphasizes that only a court order can authorize removal, and that landlords must use written notices delivered in required ways and respect notice deadlines. The guide also details common “pay or quit” and “perform or quit” types, how to count business days, and what to do if court summons and complaints are served. It outlines defenses under state, federal, and local laws.

LanguageEnglish

CategoryLetters

FormatPDF

Pages2

Reading Time1 min

AccessFree to download

Evictions

Tenant protections and illegal self-help

Written eviction notice requirements

Common notice types

Fixing issues before deadlines

Counting days correctly

Moving out notice to landlord

Responding to summons and complaint

Defenses under law

Consumer Alert Know Your Rights as a California Tenant Evictions As a tenant, knowing your rights is critical. You may be protected from certain types of evictions, and you may be able to prevent an eviction by fixing the issue identified in an eviction notice. The key is to act quickly—do not ignore notices or court papers, and seek legal help as soon as possible. Evictions can move fast, and you could lose a court case automatically if you take too long to act. • You can only be evicted by a court order. It is illegal for a landlord to lock you out, shut off your utilities, or remove your things to force you out. Only a Sheriff, a Marshal, or their deputies may evict you, and only with a court order. Your landlord can only get a court order by starting an eviction case (also called an “unlawful detainer”) . • Your landlord must first give you a written eviction notice. Before your landlord can start an eviction case against you, they must give you a written notice stating why they want to evict you and how much time you have to do what they ask or move out. Your landlord cannot start an eviction case until the deadline in the notice has passed. The notice must be either (1) given to you in person; (2) given to another adult in your home and mailed to you; or (3) posted on your home and mailed to you. Just an email or text message, or verbal notice, is not enough. • Read the notice carefully. Some notices give you an opportunity to pay money owed or to fix a problem. These are called “pay or quit” or “perform or quit” notices because they give you the option of fixing the problem or“quitting”(meaning, moving out) before a deadline. Other notices only give you a deadline to move out. If you don’t move out or fix the problem before the deadline, your landlord can start an eviction case, meaning they can ask a judge to order you to move out and possibly pay your landlord money. Here are some common types of notices: | Title of Notice | What it Means | | --- | --- | | 3-Day Notice to Pay or Quit | Pay rent or move out within 3 days | | 3-Day Notice to Perform (or Cure) or Quit | Fix a problem or move out within 3 days | | 3-Day Notice to Quit | Move out within 3 days due to a serious lease violation that the landlord claims cannot be fixed | | 30-Day or 60-Day Notice to Quit | Move out because your lease term has expired or fora valid “no fault” reason | • Try to fix the issue in the eviction notice before the deadline. If you do what the landlord says by the deadline, your landlord should not be able to get a court order evicting you. Get legal help if you have questions about a notice or if there’s something wrong with the notice. o If the notice asks you to pay rent or fix a problem within a certain number of days: 􀂃 Calculate the deadline by counting the number of business days. Start from the day after the notice was given to you and skip any Saturdays, Sundays, or court holidays.1 For example, if a 3-day Notice to Pay is delivered on the Friday before a non-holiday weekend, the deadline is the following Wednesday. 􀂃 If you can pay the amount or fix the issue, be sure to tell your landlord in writing (a letter, email, or text message) when you have done so. Keep copies of that writing and of proof that you paid or fixed the issue, such as photographs and receipts. o If the notice tells you that you must move out within a certain number of days: 􀂃 Count every day starting with the day after the notice was given to you. Do not skip any days. 􀂃 If the last day that you count (e.g., the 3rd or 30th day) is a Saturday, Sunday, or a court holiday,2 then the deadline is the next business day. [1 ](1 www.courts.ca.gov/holidays.htm)[ www.courts.ca.gov/holidays.htm](1 www.courts.ca.gov/holidays.htm) [2 ](2 www.courts.ca.gov/holidays.htm)[ www.courts.ca.gov/holidays.htm](2 www.courts.ca.gov/holidays.htm) California Department of Justice Office of the Attorney General o Even if you don’t move ou

FAQs

Can a California landlord evict a tenant without a court order?

No. Eviction requires a court order, and illegal self-help like lockouts, utility shutoffs, or removing belongings is not allowed. The sheriff, marshal, or deputies can carry out the eviction only under that court order.

What written eviction notice must a landlord provide before starting an eviction case?

The landlord must give a written notice stating the reason for eviction and the time you have to act or move out. The case cannot begin until the notice deadline passes, and the notice must be delivered in specific ways rather than by email, text, or verbal notice only.

What happens if a tenant does not respond to eviction court documents within 5 business days?

After being served with summons and complaint, the tenant has only 5 business days to file a response. If no response is filed within that time, the landlord may receive a default judgment automatically.

Sep 15, 2026

Uploaded by Connor