Notice to Cure or Quit for Lease Violations in California
For a lease violation other than unpaid rent, a California landlord gives a three-day notice to perform or quit, or a three-day notice to quit for waste, nuisance or an unlawful use. Here is how each works and where just cause fits.
What is the California notice for a lease violation?
After a neglect or failure to perform other conditions or covenants of the lease, including a covenant not to assign or sublet, the landlord may serve three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or possession (Code of Civil Procedure 1161(3)). Within those three days the tenant, a subtenant in actual occupation or another interested person may perform the conditions or pay the stipulated rent and save the lease from forfeiture.
Is there a notice with no chance to cure?
Yes. If the conditions or covenants the lessee violated cannot afterward be performed, no notice demanding performance need be given (1161(3)). And a tenant who assigns or sublets contrary to the lease, commits waste, or maintains or permits a nuisance or uses the premises for an unlawful purpose thereby terminates the lease, and the landlord is entitled to restitution after service of three days’ notice to quit (1161(4)). A person who commits a public nuisance described in Civil Code 3482.8 or an offense listed in Civil Code 3485(c) or 3486(c) is deemed to have committed a nuisance.
How are the days counted for each notice?
The perform-or-quit notice excludes Saturdays, Sundays and judicial holidays. The three-day notice to quit under paragraph 4 does not say so; by the general rule for periods of days, a last day that is a Saturday, Sunday or judicial holiday extends to the next day that is not one (CCP 12a). The California eviction notice calculator applies each rule.
Does the just cause law matter?
After a tenant has continuously and lawfully occupied residential property for 12 months, the owner may not terminate the tenancy without just cause stated in the written notice. At-fault just cause includes a breach of a material term of the lease after a written notice to correct the violation, maintaining a nuisance, committing waste, criminal activity and unlawful subletting (Civ. Code 1946.2(b)). Exceptions and local rules can change the analysis, so ask a licensed California attorney.
What if the lease says the landlord can declare a forfeiture?
The judgment declares the forfeiture of the lease if the notice states the landlord’s election to declare it; if the notice does not state that election, the lease is not forfeited (1174(a)). A tenant who gets a notice should read it for that election.
What happens after the three days?
If the problem is not cured or the tenant has not left, the landlord files an unlawful detainer. The landlord may recover damages, rent due and, if malice is shown, statutory damages of up to $600 (1174(b)). See the California eviction timeline calculator.
Notice periods at a glance
| Situation | Period | Note |
|---|---|---|
| Lease violation: perform or quit | Three days, excluding Saturdays, Sundays and judicial holidays | Tenant can perform within the three days |
| Assigning or subletting, waste, nuisance, unlawful use | Three days to quit | Lease is terminated |
| Violation that cannot afterward be performed | No notice demanding performance needed | Landlord may proceed |
| After 12 months of occupancy | Just cause stated in the notice | Civil Code 1946.2 |
What to do after receiving a notice
Read the notice for the condition the landlord says you violated and the date. If you can perform it, do so within the three days and keep proof, such as photographs or receipts. If you think the notice is wrong, write to the landlord promptly and talk to a licensed California attorney or legal aid. If the landlord files, you will be served with a summons and have 10 court days to respond; see the California eviction court process.
Frequently asked questions
How long is a notice to cure or quit in California?
Three days, excluding Saturdays, Sundays and judicial holidays.
Can I fix a lease violation and stay?
Yes, within the three days, by performing the condition or paying the rent.
Is there a three-day notice with no right to cure?
Yes, for assigning or subletting, waste, a nuisance or an unlawful use, and when the violation cannot afterward be performed.
Do I need just cause to be evicted in California?
After 12 months of continuous lawful occupancy, the owner generally needs just cause stated in the notice, with exceptions.
Does the landlord need a court order after the notice?
Yes. The landlord must file an unlawful detainer case and obtain a writ.
Official sources
- Cal. Code Civ. Proc. 1161: unlawful detainer
- Cal. Code Civ. Proc. 1174: judgment and forfeiture
- Cal. Civ. Code 1946.2: just cause
- Cal. Code Civ. Proc. 12a: holidays and the last day of a period
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited California statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed California attorney.