Renting a home · Updated Oct 2026 · California

Got an eviction notice in California: what to do

A notice from the landlord is usually the first step, not the eviction itself; only a court can order you out, and only a sheriff or similar officer can carry out that order. Read the notice carefully, find the deadline, and never ignore court papers: if you don't answer or show up, you can lose automatically. Free legal aid and rent help can make a big difference.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case.

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Your plan for California

Do now

  1. Read the notice or papers and write down every date: the notice deadline, the court date, and any answer deadline.

    Why: Missing a court deadline can mean losing without a hearing.

  2. Do not move out or stop paying just because of a notice, and do not ignore court papers.

    Why: A notice is not a court order: only a court can order you out, and ignoring court papers can lead to a default judgment.

  3. Call legal aid today. Some cities give tenants a free lawyer in eviction cases.

    Why: Legal aid can check whether the notice and the case follow your state's rules and what defenses you have.

  4. If you answered “A court judgment or writ / notice from the sheriff” to “What did you get?”

    If you got a judgment or a notice from the sheriff, ask the court clerk or legal aid today about appeal or stay deadlines.

    Why: These deadlines can be only a few days.

  5. If you answered “Unpaid rent” to “What is the reason?”

    If the reason is unpaid rent, call 211 and your local housing agency about emergency rental assistance.

    Why: Paying or getting a commitment of help can stop or settle some cases.

  6. If you answered “No reason / lease ending” to “What is the reason?”

    If no reason is given or the lease is ending, check your city page for just-cause rules and think about whether it followed a complaint (retaliation).

    Why: Some cities and states require a reason to end a tenancy, and retaliation is illegal in most states.

  7. If you answered “Lease violation” to “What is the reason?”

    If the notice is for a lease violation, read what it says you did and check on your state page whether you get a chance to fix it within the notice period.

    Why: Some states let you stop the eviction by fixing the violation in time.

This week

  1. Check your state's notice period and court deadlines on tenantrightsmap.com, and your city page if you live in one of the covered cities.

    Why: Notice periods and answer deadlines differ by state and some cities add just-cause rules.

  2. If you answered “Court papers (summons or complaint)” to “What did you get?”

    If you received court papers, file your written answer (if your state requires one) and go to every hearing, even if you are negotiating.

    Why: In many courts the case can be decided at the first hearing, and not showing up can mean losing automatically.

  3. Gather proof: lease, rent receipts, bank records, messages, photos of conditions, repair requests.

    Why: Payments, repair problems and retaliation can be defenses.

  4. If you answered “Yes” to “Do you live in public housing, have a voucher, or live in a building with federal funding or a federally backed mortgage?”

    Tell legal aid if you live in subsidized or federally backed housing.

    Why: A federal law (CARES Act § 4024(c), 15 U.S.C. 9058(c)) says landlords of 'covered' properties (federally assisted, or with a federally backed mortgage) may not make a tenant leave before 30 days after a notice to vacate. It is still in the U.S. Code, but courts disagree: Colorado's Supreme Court (2023) held it is still in effect, and Washington's Supreme Court (2025) held it applies only to evictions for unpaid rent. Separately, current HUD rules require at least 30 days' written notice before ending a lease for unpaid rent in public housing and in buildings with project-based HUD rental assistance (24 CFR 966.4(l)(3), 247.4(c)); HUD has proposed revoking this, but as of October 2026 that change is on hold.

  5. If you answered “Not sure” to “Do you live in public housing, have a voucher, or live in a building with federal funding or a federally backed mortgage?”

    Tell legal aid if you live in subsidized or federally backed housing.

    Why: A federal law (CARES Act § 4024(c), 15 U.S.C. 9058(c)) says landlords of 'covered' properties (federally assisted, or with a federally backed mortgage) may not make a tenant leave before 30 days after a notice to vacate. It is still in the U.S. Code, but courts disagree: Colorado's Supreme Court (2023) held it is still in effect, and Washington's Supreme Court (2025) held it applies only to evictions for unpaid rent. Separately, current HUD rules require at least 30 days' written notice before ending a lease for unpaid rent in public housing and in buildings with project-based HUD rental assistance (24 CFR 966.4(l)(3), 247.4(c)); HUD has proposed revoking this, but as of October 2026 that change is on hold.

If it's not resolved

  1. If you can, talk to the landlord about a payment plan or move-out date and put any agreement in writing (often signed in court).

    Why: A written agreement can avoid an eviction judgment on your record.

  2. If you lose, ask about the appeal deadline and how long you have before the officer can remove you.

    Why: The window can be short; the landlord still cannot remove you themselves.

  3. If the landlord changes the locks, removes your things or cuts utilities without a court order, see the lockout situation.

    Why: Self-help eviction is illegal or limited in nearly every state.

Deadlines

Notice period before the landlord can file in court

General rule: see state

In California:

Unpaid rent
3-day notice to pay rent or quit. Saturdays, Sundays and court holidays are NOT counted. The notice must state the exact rent owed and who to pay, where and how. If the unit is covered by the Tenant Protection Act or a local just-cause law, the landlord also needs a lawful 'just cause.'
Lease violation
3-day notice to cure (fix) or quit for a fixable lease violation (weekends and court holidays not counted). Some serious violations (nuisance, illegal use) allow a 3-day notice to quit with no chance to cure.
Month-to-month, no reason given
Landlord: 30 days if any tenant has lived there less than one year; 60 days if everyone has lived there a year or more; 90 days for some subsidized tenancies. Under the Tenant Protection Act (most units after 12 months), the landlord also needs a just cause stated in the notice. For 'no-fault' causes (such as the owner moving in or a substantial remodel) the landlord must pay you one month's rent as relocation help within 15 days of the notice, or waive the last month's rent in writing. Since April 1, 2024 (SB 567), an owner move-in only counts if the owner or relative moves in within 90 days after you leave and lives there at least 12 months; if not, the owner must offer the unit back to you at the same rent and pay moving costs. A notice that breaks these rules is void, and a landlord who willfully violates them can owe up to three times your actual damages. Tenant: notice equal to the rent period (usually 30 days). Civ. Code §§ 1946.1, 1946.2.

Law: Code Civ. Proc. §§ 1161, 1167; Civ. Code §§ 789.3, 1946.1, 1946.2 · checked Oct 2026 · From Tenant Rights Map: California

Deadline to answer the court papers and the hearing timing

General rule: see state; also printed on your summons

In California:

10 days after you are served, not counting Saturdays, Sundays or court holidays. Code Civ. Proc. § 1167.

Law: Code Civ. Proc. §§ 1161, 1167; Civ. Code §§ 789.3, 1946.1, 1946.2 · checked Oct 2026 · From Tenant Rights Map: California

30-day notice to vacate in 'covered' federally assisted or federally backed properties

General rule: 15 U.S.C. 9058(c) (CARES Act § 4024(c)): 30 days after a notice to vacate for covered properties; still in the Code as of October 2026, but courts disagree on whether and how it applies (in effect: Colorado Supreme Court 2023; only for unpaid rent: Washington Supreme Court 2025)

Official source

Notice before ending a lease for unpaid rent in public housing or project-based HUD-assisted housing

General rule: at least 30 days' written notice (24 CFR 966.4(l)(3)(i)(A) and 247.4(c)); HUD's February 2026 revocation (91 FR 9449) was delayed indefinitely on March 13, 2026 (91 FR 12301)

Official source

Key facts for California

Tenant Rights Map

Deadline to return a deposit
21 days
Security deposit limit
1 month's rent (with exceptions)
Notice before an eviction case for unpaid rent
3 business days
Notice before the landlord enters
Reasonable (24 hours presumed)

Tenant Rights Map: California · checked Oct 2026

Documents to gather

  • The notice and any court papers (keep envelopes)
  • Lease and any renewals
  • Rent receipts, bank or money order records
  • Messages with the landlord
  • Repair requests and photos of conditions
  • Proof of applying for rental assistance
  • Voucher or subsidy documents if any

Where to go

Costs

Answering an eviction case usually has no fee or a small fee that can often be waived; ask the clerk. Appeals may require paying rent into court or a bond. Legal aid is free if you qualify.

Talk to a lawyer if

  • You received court papers
  • You have a judgment or a notice from the sheriff/marshal/constable
  • You live in public housing or have a voucher
  • You think the eviction is retaliation or discrimination
  • You or someone in your home is a survivor of domestic violence

Free help

Free legal aid for renters with low income: find your local office through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help) or LawHelp.org (lawhelp.org/find-help). Your state page on tenantrightsmap.com lists state tenant help. For help paying rent or utilities, call 211 or visit 211.org. HUD's state pages (hud.gov/states) list local tenant resources. Some cities (for example New York City) give tenants a free lawyer in eviction cases; your city page on tenantrightsmap.com says if yours does.

Guides for your state

Guides for every state

Questions

What is the notice period before the landlord can file in court in California?

Unpaid rent: 3-day notice to pay rent or quit. Saturdays, Sundays and court holidays are NOT counted. The notice must state the exact rent owed and who to pay, where and how. If the unit is covered by the Tenant Protection Act or a local just-cause law, the landlord also needs a lawful 'just cause.' Lease violation: 3-day notice to cure (fix) or quit for a fixable lease violation (weekends and court holidays not counted). Some serious violations (nuisance, illegal use) allow a 3-day notice to quit with no chance to cure. Month-to-month, no reason given: Landlord: 30 days if any tenant has lived there less than one year; 60 days if everyone has lived there a year or more; 90 days for some subsidized tenancies. Under the Tenant Protection Act (most units after 12 months), the landlord also needs a just cause stated in the notice. For 'no-fault' causes (such as the owner moving in or a substantial remodel) the landlord must pay you one month's rent as relocation help within 15 days of the notice, or waive the last month's rent in writing. Since April 1, 2024 (SB 567), an owner move-in only counts if the owner or relative moves in within 90 days after you leave and lives there at least 12 months; if not, the owner must offer the unit back to you at the same rent and pay moving costs. A notice that breaks these rules is void, and a landlord who willfully violates them can owe up to three times your actual damages. Tenant: notice equal to the rent period (usually 30 days). Civ. Code §§ 1946.1, 1946.2. (Code Civ. Proc. §§ 1161, 1167; Civ. Code §§ 789.3, 1946.1, 1946.2)

What is the deadline to answer the court papers and the hearing timing in California?

10 days after you are served, not counting Saturdays, Sundays or court holidays. Code Civ. Proc. § 1167. (Code Civ. Proc. §§ 1161, 1167; Civ. Code §§ 789.3, 1946.1, 1946.2)

What is the 30-day notice to vacate in 'covered' federally assisted or federally backed properties?

15 U.S.C. 9058(c) (CARES Act § 4024(c)): 30 days after a notice to vacate for covered properties; still in the Code as of October 2026, but courts disagree on whether and how it applies (in effect: Colorado Supreme Court 2023; only for unpaid rent: Washington Supreme Court 2025)

What is the notice before ending a lease for unpaid rent in public housing or project-based HUD-assisted housing?

at least 30 days' written notice (24 CFR 966.4(l)(3)(i)(A) and 247.4(c)); HUD's February 2026 revocation (91 FR 9449) was delayed indefinitely on March 13, 2026 (91 FR 12301)

When should I talk to a lawyer?

You received court papers; You have a judgment or a notice from the sheriff/marshal/constable; You live in public housing or have a voucher; You think the eviction is retaliation or discrimination; You or someone in your home is a survivor of domestic violence.

How much does it cost?

Answering an eviction case usually has no fee or a small fee that can often be waived; ask the clerk. Appeals may require paying rent into court or a bond. Legal aid is free if you qualify.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-24.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.