Eviction Laws for Quicker Evictions in California

California laws for quicker evictions are the subject of this discussion with real estate attorney Leo B. Siegel. He explains circumstances in which a shorter notice period may apply, including certain three-day eviction notices, and discusses the legal requirements involved in recovering possession of a property.

A shorter notice period does not necessarily mean a faster eviction. The circumstances, applicable laws, and whether an occupant contests the proceedings can affect the time required.

Editor’s Note – October 2026: This video was recorded under earlier California eviction laws. Certain notice requirements, court deadlines, and procedures may have changed. Consult a qualified California eviction attorney for guidance under current law.

Additional Information About California Eviction Notices

California law provides different notice requirements depending on the grounds for terminating a tenancy and the occupant’s legal rights.

For three-day notices governed by California Code of Civil Procedure §1161, Saturdays, Sundays, and judicial holidays are generally excluded when calculating the notice period. The applicable service requirements must also be followed.

A three-day notice to quit without an opportunity to correct the violation is permitted only under qualifying circumstances. Similarly, the absence of a written lease does not automatically mean that a 30-day or 60-day notice is appropriate.

Because eviction laws and local tenant protections can affect the required procedures, property owners should consult an experienced California eviction attorney before serving notice or filing an unlawful detainer action.

3-day Eviction Notice California

Other statutes allow other quicker types of evictions. For example, if illegal activity is being conducted in the property – drug sales, sometimes prostitution – the owner needs to give only a 3-day notice of termination of tenancy.

3-day Notice to Quit (non-curable breach) There is no curing; it’s a breach. Once the illegal activity is found and there is evidence to be able to prove it, the tenancy is automatically terminated by the tenants’ conduct.

How to count a 3-day notice in California?

After the 3rd day is up, on the 4th day, the owner can file their California eviction notice form.

Other types of notices besides the 30 and 60-day notice in other situations might be a 3-day notice to cure a breach of a covenant in a rental agreement and get out. This is also referred to as a 3-day notice to comply or quit California.

California eviction laws for family members. For example, if there were a rental agreement with a relative and they were violating a provision in the rental agreement, the owner could give the tenant a 3-day notice to cure that breach of a covenant. A covenant is a promise. They need to cure that covenant or get out. If the breach is cured, in other words, remedied, then the tenancy continues. If it is not cured, then an eviction action can be filed on the 4th day. The first day after the 3-day notice expires.

California Eviction Laws: No Lease

In a situation with a relative living in the property, generally, there is no rental agreement, so you would not be using a 3-day notice to cure a breach of covenant. You would simply be using a 30-day or 60-day notice, or if Section 8 were involved, a 90-day notice.

What if illegal activity is suspected, but there is no proof?

As an attorney, I would have to counsel the owner that there is a risk in proceeding on a 3-day notice that is non-curable under those circumstances, because if you end up having to go to trial because the tenant files an answer to the complaint, the burden is on the plaintiff, the owner filing the complaint, to prove the elements of their case. You have to have proof that there is illegal activity is being conducted at the property.

Sometimes that is difficult. If you have a witness who has observed it or a third non-party witness who has observed it, then it is certainly easier to do that. But without a witness, if it is simply a he-said-she-said situation, I would never advise an owner to proceed on that type of notice. Because he said, she said, is simply 50/50. That is not sufficient proof to prove a plaintiff’s case in an unlawful detainer action. There has to be what is called a preponderance of evidence showing, meaning that it is more likely than not.

To avoid serving a defective three-day notice in California, we recommend consulting an experienced California eviction attorney. Improper notices and failure to follow required legal procedures can result in delays and additional expenses.

About Leo B. Siegel

Leo B. Siegel is a real estate attorney with decades of experience handling landlord-tenant matters, evictions, co-ownership disputes, contract disputes, fraud, title issues, easements, and boundary disputes.

He may be contacted at (831) 768-9110 or through the Stone Siegel Law Firm.

Do Eviction Laws Vary by State?

Yes. Eviction laws vary by state, and some cities and counties have additional tenant protections and local requirements.

The information and video presented on this page concern California eviction laws. Because laws and procedures change, property owners should consult an experienced California eviction attorney before taking action.

Need Help Selling Probate or Trust Real Estate?

Kathleen Daniels, Certified Probate Real Estate Specialist (CPRES), specializes in representing Executors, Administrators, Successor Trustees, and Conservators selling real property in Santa Clara County, California.

During her real estate career, Kathleen has encountered situations involving tenants or family members who refuse to vacate inherited properties. Depending on the circumstances, resolving occupancy issues may be necessary before a property can be effectively prepared and marketed for sale.

Kathleen recommends consulting a qualified eviction attorney when legal action may be required.

Need Probate Help | Kathleen Daniels, Realtor®
Phone: (408) 972-1822

We hope this information provides a helpful overview of California eviction laws and the importance of obtaining appropriate legal guidance.