California Eviction Law at a Glance
State Statute
Cal. Civ. Proc. Code §1161 — California Tenant Protection Act / Civil Code §1942.5
Notice Periods
- Nonpayment: 3-Day Pay or Quit
- Lease violation: 3-Day Cure or Quit
- Unconditional: 3-Day Unconditional Quit (Nuisance/Illegal Activity)
- End of tenancy: 30-Day Notice (Under 1 Year Tenancy) / 60-Day Notice (Over 1 Year)
Available Defenses
- Habitability (Cal. Civ. Code §1942.4)
- Retaliation (Cal. Civ. Code §1942.5)
- Procedural defects
- Partial payment waiver
- Discrimination (Fair Housing Act)
Right to Cure
YES — Tenant has 3 days to pay past-due rent or cure lease violations before landlord can file eviction
Self-Help Eviction
PROHIBITED — Landlord must use court process (Cal. Civ. Code §789.3)
Court & Filing
Superior Court
Landlord must file unlawful detainer action in superior court — expedited process
Complaints: California Attorney General Consumer Protection Section
Additional Protections
- California Tenant Protection Act (AB 1482) limits evictions to just cause for covered properties
- Rent-controlled units may have additional local eviction protections
- Self-help eviction is a criminal misdemeanor — lockouts, utility shutoffs, and removal of doors/windows prohibited
- COVID-era protections may still apply in some jurisdictions
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California Eviction Response FAQ
How many days do I have to respond to an eviction notice in California?
In California, the response deadline depends on the type of eviction notice: Nonpayment: 3-Day Pay or Quit; Lease violation: 3-Day Cure or Quit; Unconditional: 3-Day Unconditional Quit (Nuisance/Illegal Activity); End of tenancy: 30-Day Notice (Under 1 Year Tenancy) / 60-Day Notice (Over 1 Year). Missing your deadline can result in a default judgment and forced move-out.
What defenses can I raise against eviction in California?
Available defenses in California include: Habitability (Cal. Civ. Code §1942.4), Retaliation (Cal. Civ. Code §1942.5), Procedural defects, Partial payment waiver, Discrimination (Fair Housing Act). The availability depends on your specific circumstances.
Does California require landlords to give tenants a right to cure?
Yes. Tenant has 3 days to pay past-due rent or cure lease violations before landlord can file eviction
Can my landlord evict me without going to court in California?
No. Under Cal. Civ. Code §789.3, self-help eviction is prohibited in California. Your landlord must file in Superior Court and obtain a judgment.
What should I include in an eviction response letter in California?
Your letter should: (1) identify the notice by date and type, (2) cite Cal. Civ. Proc. Code §1161, (3) assert applicable defenses, (4) demand proper legal procedure, (5) state your intent to defend in court, and (6) be sent via certified mail.
Where can I file a complaint against my landlord in California?
File complaints with the California Attorney General Consumer Protection Section and the U.S. Department of Housing and Urban Development (HUD). For illegal self-help eviction, contact local law enforcement.
Eviction Response Letters by State
Select your state to see your specific protections.