QUESTIONS & ANSWERS | Orange County Evictions

FIND YOUR ANSWERS BELOW:

What is a 3-Day Notice to Pay Rent or Quit?

This notice tells the tenant the exact amount of rent that is past due and gives the tenant three days to pay the full amount or move out before you file an eviction (unlawful detainer) case. Under Code of Civil Procedure §1161(2), the three days do not include Saturdays, Sundays, or judicial holidays — so a notice served on a Friday does not expire until the following Wednesday at the earliest. The notice may demand rent only (not late fees or other charges), may not demand rent more than one year past due, and must state the name, address, and telephone number of the person to whom rent is to be paid and the days and hours payment will be accepted. If the tenant moves out within the notice period, you can still sue in small claims court for the unpaid rent (up to $12,500 for an individual owner).

What is a 3-Day Notice to Cure or Quit (aka Perform Covenant or Quit)?

This notice tells a tenant with a written rental agreement that they have breached a specific term of that agreement and must correct the breach within three days (again, excluding weekends and judicial holidays) or move out. It can be used for things like an unauthorized pet, unpaid utilities, or an unpaid security deposit, as long as the written agreement contains a clause you can cite. The notice must tell the tenant exactly how to cure the breach (remove the pet, pay the utility bill, and so on). If the tenant neither cures nor vacates within the notice period, you may proceed with an unlawful detainer. For units covered by the Tenant Protection Act (AB 1482), state law requires that a tenant be given this opportunity to cure a curable breach before a notice to quit is served (Civil Code §1946.2(c)).

What is a 30-Day Notice to Terminate Tenancy?

AThis notice is used to end a month-to-month tenancy when the tenant has lived in the unit for less than one year and the unit is not subject to “just cause” eviction requirements. After the 30 days expire, the owner is entitled to possession. See the questions below for when a 30-day notice can and cannot be used.

I want to serve my residents with a thirty-day notice to vacate. Do I have to tell them why I want them to move ?

A It depends on the unit and how long the tenant has been there. If the tenancy is month-to-month, the tenant has lived there less than one year, and the unit is not covered by a just-cause law, you are not required to state a reason. Once a tenant has lived in a unit covered by the Tenant Protection Act for 12 months, or in a unit covered by a local ordinance such as Santa Ana’s Just Cause Eviction Ordinance, a no-fault termination must be based on one of the specific reasons allowed by law, the reason must be stated in the notice, and relocation assistance is generally required. Because the rules depend on the property, we recommend confirming coverage before serving any no-fault notice.

My tenants are in the third month of a six-month lease. They are causing all kinds of problems with other residents. Can I give them a thirty-day notice to vacate?

A No. A tenant on a fixed-term lease cannot be served with a 30-day notice to terminate before the lease ends. If they are violating a provision of the lease — disturbing other residents, keeping a prohibited pet, allowing unauthorized occupants — the proper tool is a 3-Day Notice to Cure or Quit. If the conduct amounts to a nuisance, a 3-Day Notice to Quit (with no cure period) may be available. This is one of the practical disadvantages of a fixed-term lease compared with a month-to-month agreement: a no-fault termination is unavailable until the term ends.

Can I serve my residents with a thirty-day notice to vacate and a three day notice to pay rent or quit at the same time?

ANothing prohibits it, but we do not recommend it. If the tenant pays the amount demanded in the 3-day notice, they could argue that by accepting the rent you waived the 30-day notice, or that they reasonably believed paying would let them stay. The cleaner approach is to serve the 3-Day Notice to Pay Rent or Quit first. If the rent is not paid within the notice period, proceed on that notice. If it is paid, then serve the 30-day (or 60-day) notice, if one is legally available, and proceed when it expires. You are entitled to collect rent during the notice period — just do not accept rent for any period beyond the notice’s expiration date.

Are there situations in which I should not serve a no-fault notice even if I legally could?

AYes. Be very careful about serving a termination notice if the tenant has, within the past 180 days, (a) complained to a government agency about the condition of the premises, (b) requested repairs, (c) made repairs and deducted the cost from rent, or (d) exercised other legal rights. Civil Code §1942.5 prohibits retaliatory eviction, and a tenant who proves retaliation can recover damages, including punitive damages and attorney’s fees. In these situations the notice should document the legitimate, non-retaliatory reason for recovering possession. Speak with us before serving.

My tenant has been in the property for over a year. Can I serve a 30-day notice to vacate?

ANo. Under Civil Code §1946.1, a tenant who has lived in the unit for one year or more must be given at least 60 days’ notice to terminate a month-to-month tenancy. In addition, if the unit is covered by the Tenant Protection Act (Civil Code §1946.2), a tenant who has occupied the unit for 12 months (24 months in some cases where an adult occupant was added later) can only be evicted for “just cause,” and no-fault terminations require relocation assistance. Most Orange County rental units are covered unless they fall within a statutory exemption.

What counts as “just cause” under the Tenant Protection Act?

Civil Code §1946.2 divides just cause into two categories.

At-fault just cause includes: nonpayment of rent; breach of a material lease term after being given an opportunity to cure; maintaining a nuisance; committing waste; refusing to sign a written renewal on similar terms after the lease expires; criminal activity on the property, or criminal activity or threats directed at the owner or agent; assigning or subletting in violation of the lease; refusing to allow lawful entry; using the premises for an unlawful purpose; an employee or agent failing to vacate after termination of employment; and failing to move out after the tenant gave their own notice to terminate.

No-fault just cause includes: the owner or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents intending to occupy the unit (the lease must permit this or the tenant must agree, and since April 1, 2024 the owner or relative must move in within 90 days and live there for at least 12 months); withdrawal of the unit from the rental market; compliance with a government or court order requiring the unit to be vacated; and a substantial remodel that requires the unit to be vacant for at least 30 consecutive days, with permits in hand and detailed written notice to the tenant.

For any no-fault termination, the owner must either pay the tenant relocation assistance equal to one month’s rent or waive the final month’s rent, and must say so in the notice. Some units are exempt from the Act, including housing built within the last 15 years, single-family homes and condominiums owned by individuals (not corporations or REITs) where the required exemption language is in the lease, and owner-occupied duplexes. Cities may impose stricter rules; in Orange County, Santa Ana’s Just Cause Eviction Ordinance applies to many units in that city.

What is a 90-Day Notice to Terminate Tenancy?

ACivil Code §1954.535 requires an owner to give a tenant at least 90 days’ written notice when the owner terminates or refuses to renew a government rental subsidy contract, such as a Section 8 housing assistance payment contract. This applies whether or not the unit is in a rent-controlled jurisdiction. During the 90-day period, the tenant’s share of the rent may not be increased.

If I recently bought a property and want to evict the tenants left in there by the prior owner can I serve them a 30-Day Notice to Terminate Tenancy?

AIt depends. A new owner steps into the prior owner’s shoes — the tenant’s length of occupancy does not reset with the sale. If the tenant has been there less than 12 months and the unit is not subject to just-cause rules, a 30-day notice may be used. If the tenant has been there 12 months or more, a 60-day notice is required, and if the unit is covered by the Tenant Protection Act, just cause and relocation assistance are also required. A fixed-term lease generally survives the sale and binds the new owner. If you acquired the property through foreclosure, additional rules apply under Code of Civil Procedure §1161b, including a 90-day notice for month-to-month tenants and protection for bona fide fixed-term leases.

A “squatter” moved into my property with out my knowledge, what do I do?

The answer depends on how the person got there. Someone who was never given permission by you or anyone with authority — who broke in or simply moved into a vacant unit — is a trespasser, and law enforcement may be able to remove them, although in practice police often decline once someone has established occupancy. Someone who was let in with some form of permission (for example, by a former tenant or a family member) is generally treated as a tenant at will and must be served with a 30-day notice under Civil Code §789 before an unlawful detainer can be filed. Do not attempt a self-help removal — changing locks, shutting off utilities, or removing belongings can expose you to liability under Civil Code §789.3. Call us to determine which path applies.

My tenant gave me their own notice to terminate the tenancy. What happens if they don’t move out on time?

AIf a tenant gives written notice of intent to vacate and then fails to leave by the date in their notice, Code of Civil Procedure §1161(5) allows you to proceed directly to an unlawful detainer without serving any further notice.

I served a 30-day (or 60-day or 90-day) notice and the tenant hasn’t paid rent for the current month. What can I do?

AServe a 3-Day Notice to Pay Rent or Quit. If the tenant does not pay within the notice period (three days, excluding weekends and judicial holidays), you can file the unlawful detainer as soon as the 3-day notice expires rather than waiting for the longer notice to run.

How do I serve an evictions notice?

Code of Civil Procedure §1162 provides three methods, and they must be used in order of preference:

Personal service: Hand the notice to the tenant named in the notice.
Substituted service: If the tenant is not at home or at their usual place of business, leave the notice with a person of suitable age and discretion at either location, and mail a copy to the tenant at the rental property. Record the name (if possible) and a physical description of the person served. Some commercial leases require certified mail.
Posting and mailing: Only if no one of suitable age and discretion can be found at the tenant’s residence or place of business, post the notice in a conspicuous place on the property (typically the front door) and mail a copy to the tenant at the property.

Keep a signed proof of service for every notice. Improper service is one of the most common reasons an eviction case is lost.

Can I raise my tenant’s rent more than 10%?

For most Orange County rental units, no. The Tenant Protection Act (Civil Code §1947.12) limits annual rent increases on covered units to 5% plus the local CPI change, capped at 10% total, with no more than two increases in any 12-month period. For Orange County, the maximum allowable increase for increases taking effect between August 1, 2026 and July 31, 2027 is 8.7%. If your unit is exempt from the Act (for example, newer construction or a qualifying single-family home with the required lease language) and the tenant is month-to-month and not in a rent-controlled city, you may raise rent by more than 10% — but Civil Code §827 requires at least 90 days’ written notice for any increase over 10% in a 12-month period (30 days for smaller increases), plus five additional days if the notice is mailed. Santa Ana has its own rent stabilization ordinance with lower caps.

I want to inspect the dwelling unit, but the tenant’s won’t let me in, can I just go in since I own the property?

No. Civil Code §1954 allows an owner to enter an occupied unit only for specific reasons — emergencies, necessary or agreed repairs, showing the unit to prospective buyers, tenants, lenders, or contractors, inspections related to the tenant’s move-out or a waterbed, or under court order — and only after giving reasonable written notice, which the statute presumes to be 24 hours. Entry must be during normal business hours unless the tenant agrees otherwise. If the tenant refuses entry after proper notice, that refusal is a breach of the lease and of state law, and the appropriate remedy is a 3-Day Notice to Cure or Quit (and refusal to allow lawful entry is itself a just-cause ground under AB 1482). Forcing entry or relying on police to compel access is not the right path.

What is a 24 Hours Notice to Enter Dwelling?

AIt is the written notice required by Civil Code §1954 before an owner or agent enters an occupied unit for a permitted purpose. The notice should state the date, approximate time, and purpose of the entry. Entry must be during normal business hours unless the tenant consents to another time. If the purpose is showing the unit to prospective buyers, oral notice is sufficient if the tenant was given written notice within the previous 120 days that the property is for sale and that oral notice may be used.

How do I serve the Notice to Enter?

Under Civil Code §1954(d), the notice may be delivered personally to the tenant, left with a person of suitable age and discretion at the unit, or left on, near, or under the unit’s entry door in a place where it will be discovered. Alternatively, it may be mailed, in which case it must be mailed at least six days before the intended entry. Once the notice period has run, the owner or agent may enter. If the tenant refuses entry, see the previous question — the remedy is a cure-or-quit notice, not forced entry.

The tenants are destroying the property, what can I do?

ADocument the damage with dated photographs and, if appropriate, a police report. Intentional damage may constitute vandalism, which is a crime, and can be reported to law enforcement. On the civil side, committing waste or maintaining a nuisance is grounds for a 3-Day Notice to Quit and is a just-cause ground under AB 1482, and you may recover the cost of repairs from the security deposit and by separate lawsuit.

The tenant left personal property behind after the lockout or after moving out. What do I do with it?

California Civil Code §§1980–1991 (and Code of Civil Procedure §1174 for property left after a sheriff’s lockout) set out the procedure. You must give the former tenant a written Notice of Right to Reclaim Abandoned Property describing the items and where they can be claimed. The tenant then has at least 15 days to reclaim the property if the notice is delivered personally, or 18 days if it is mailed. During that time the property must be stored safely, either in the unit or elsewhere. You may charge reasonable storage costs before releasing the property, except that no storage charge may be imposed if the tenant reclaims the property within two days of vacating and it was left in the unit. If the property is not reclaimed, items reasonably believed to be worth less than $700 in total may be kept, sold, or disposed of; property worth more must be sold at public sale after published notice, with any surplus over costs paid to the county. Photograph and inventory everything before it is stored, sold, or disposed of.

My tenant left a dog, cat, or other pet behind. What do I do?

A An animal left behind is the former tenant’s personal property and is subject to the same abandoned-property procedure — send the Notice of Right to Reclaim and hold the animal for 15 days (18 if the notice is mailed). Unlike furniture, an animal must be fed and humanely cared for during that period, and you may charge the tenant the reasonable cost of that care as a condition of return. If the animal is not reclaimed, you may keep it, rehome it, or surrender it to a local shelter. Do not release or abandon the animal.

What are the basic laws regarding security deposits?

Civil Code §1950.5 governs security deposits, and it has changed significantly in the last two years:

Maximum deposit. Since July 1, 2024 (AB 12), the deposit for most units is capped at one month’s rent, furnished or unfurnished. A small-landlord exception allows up to two months’ rent if the owner is an individual (or an LLC made up entirely of individuals) who owns no more than two residential rental properties with a combined total of no more than four units, but this exception does not apply to tenants who are active-duty service members.
Return deadline. Within 21 days after the tenant vacates, the landlord must return the deposit or send an itemized statement of deductions along with any remaining balance.
Documentation. If the deductions for repairs or cleaning total more than $125, the itemized statement must include copies of invoices or receipts, and if the landlord or their employee did the work, a description of the work, the time spent, and the hourly rate.
Photographs (AB 2801). For tenancies ending on or after April 1, 2025, the landlord must photograph the unit immediately before and after any repairs or cleaning for which a deduction is taken and provide those photos to the tenant with the itemized statement. For tenancies beginning on or after July 1, 2025, the landlord must also photograph the unit at move-in, before the tenant takes possession.
Permitted deductions. Deductions are limited to unpaid rent, repair of damage beyond ordinary wear and tear, and cleaning needed to return the unit to the condition it was in at move-in. Deductions may not be used to fix pre-existing problems or to make the unit better than it was at the start of the tenancy.

Failure to follow these rules can expose the landlord to statutory damages of up to twice the deposit amount in addition to the deposit itself.

– REQUEST A FREE CONSULTATION –

Free Consultation