Answer FileLandlord–Tenant

What should I do if I get an eviction notice in California?

The answer, cited

Read the notice type and count the days, most pay-or-quit and cure periods run in court days, excluding weekends and judicial holidays (Code of Civil Procedure section 1161). Gather the lease, payment records, and photos, contact legal aid immediately, and never ignore a later unlawful detainer summons: response windows are measured in days.

An eviction notice and a court summons start different clocks. First identify the notice: pay rent or quit, cure a lease violation, quit for serious misconduct, or end a tenancy on 30 or 60 days' notice. Pay-or-quit and cure notices generally exclude weekends and judicial holidays (Code of Civil Procedure section 1161). The lease, payment records, photographs and correspondence help explain the dispute; Tenant Protection Act and local just-cause rules may also apply. After personal service of an unlawful detainer summons and complaint, section 1167 generally allows ten court days to respond, beginning the next day and excluding weekends and court holidays. Substituted service or court-ordered posting and mailing generally requires ten calendar days for service to become complete, then ten court days to respond. Safe at Home service allows fifteen court days. The California Courts response instructions and court self-help centers explain how the service method affects the count. These court-response periods are separate from the landlord's notice; a defective notice may itself be a defense.

Authority: Cal. Code Civ. Proc. §§ 1161, 1167

Source: Cal. Code Civ. Proc. §§ 1161, 1167 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

More from this answer file

Landlord–Tenant attorneys on the registry

Explore landlord–tenant attorneys

Browse attorneys →

Have a landlord–tenant matter? Submit your case for review.

Open a free case file, choose how attorneys may contact you, and review any terms they send. You decide whom to contact and whether to proceed.

In the last 30 days attorneys have read 27 filed matters on the registry and sent 1 proposal.

Submit your case for review

Legal information, not legal advice

If cost is the concern

Court self-help, legal-aid organizations and attorney-stated fee options, with source links. No account or case submission is needed to use them.

Free and low-cost help in California

Read the record. Then decide.

Describe your matter once, review the verified records, and place the call; the choice is always yours.

Find Your Counsel

279,000+ attorney records · 58 counties · Official State Bar records