Eviction Notice Example California

FORMAL NOTICE TO QUIT AND DEMAND FOR POSSESSION

(California Statutory Compliant / Residential Leasehold)

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1. DOCUMENT PREAMBLE & RECITALS

THIS FORMAL NOTICE TO QUIT AND DEMAND FOR POSSESSION (the "Notice") is entered into and made effective as of [Effective Date] (the "Effective Date"), by and between [Landlord/Property Manager Name], having a primary address at [Landlord Address] ("Landlord"), and [Tenant Name(s)], having a primary address at [Premises Address] ("Tenant").

Recitals

WHEREAS, Landlord is the lawful owner and/or authorized management agent of certain real property located within the County of [County Name], State of California, commonly known as [Street Address, Unit Number, City, State, Zip Code] (the "Premises"); and

WHEREAS, Landlord and Tenant entered into a certain written/oral lease or rental agreement dated [Lease Date] (the "Lease Agreement"), pursuant to which Tenant occupies the Premises; and

WHEREAS, Tenant has breached the terms and conditions of the Lease Agreement and/or the laws of the State of California by failing to pay rent, committing waste, violating material covenants, or otherwise creating a legal basis for termination under California Code of Civil Procedure (CCP) Section 1161; and

WHEREAS, Landlord intends by this Notice to strictly enforce its legal rights and remedies to recover possession of the Premises, together with all accrued monetary damages, statutory penalties, and costs of suit as permitted under California law.

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2. OPERATIONAL DEFINITIONS

For purposes of this Notice, the following terms shall have the meanings ascribed below:

1. "Act" means the California Tenant Protection Act of 2019 (AB 1482), as amended, and any local municipal rent stabilization and just cause ordinances applicable to the Premises.
2. "Base Rent" means the monthly monetary consideration of [Dollar Amount] payable by Tenant to Landlord pursuant to the Lease Agreement.
3. "Cure Period" means the exact statutory timeframe allotted to Tenant to remedy a curable breach of the Lease Agreement following formal service of this Notice.
4. "Default" means any failure by Tenant to perform, observe, or comply with any covenant, term, provision, or condition of the Lease Agreement or California statutory law.
5. "Good Cause" means a statutory or contractual justification recognized under California law (including CCP § 1161 and local ordinances) warranting the termination of a tenancy.
6. "Lease Agreement" means the operative contract governing the tenancy of the Premises, inclusive of any lawful amendments, addenda, or extensions.
7. "Notice Period" means the mandatory legal duration commencing on the day immediately following valid service of this Notice and running through the final expiration hour.
8. "Premises" means the real property, appurtenances, and any assigned parking spaces or storage units located at [Premises Address].
9. "Tenant" means all individuals, occupants, sublessees, and unauthorized assignees in possession of the Premises under or through the primary leaseholder.

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3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Demand for Possession. Tenant is hereby strictly required to QUIT AND SURRENDER peaceful and unencumbered possession of the Premises to Landlord, along with all keys, garage openers, and security access devices, on or before [Expiration Date, e.g., 30 or 60 days from service] at [Time, e.g., 11:59 PM] (the "Vacate Date").
2. Statement of Breach and Just Cause. This Notice is served due to the following specific Default(s) committed by Tenant:
   • Nonpayment of Rent: Tenant has failed to pay rent in the total amount of [Dollar Amount] representing unpaid sums due for the period(s) spanning [Date] through [Date].
   • Covenant Violation / Curable Breach: Tenant has violated Section [Section Number] of the Lease Agreement by [Specific description of violation, e.g., unauthorized pet, unapproved subletting, noise nuisance].
   • Uncurable Breach / Nuisance / Waste: Tenant has committed acts constituting waste, a public/private nuisance, or unlawful use of the Premises pursuant to CCP § 1161(4), specifically: [Detailed factual description].
   • No-Fault Just Cause Termination: Pursuant to the California Tenant Protection Act, Landlord requires possession for [Owner Move-In / Substantial Remodeling / Withdrawal from Rental Market].
3. Calculation of Sums Due. If this Notice is predicated upon the nonpayment of rent, Tenant must remit the total outstanding balance of [Total Dollar Amount] to Landlord at [Payment Address / Online Portal] within the designated Cure Period. Acceptance of partial payment shall not constitute a waiver of Landlord's right to pursue eviction unless expressly agreed in writing.
4. Obligation to Maintain Property. Pending the expiration of the Notice Period, Tenant remains fully obligated to maintain the Premises in a clean, safe, and habitable condition, complying with all municipal codes and the express terms of the Lease Agreement.
5. Right to Inspection. Landlord or Landlord’s authorized agent reserves the right to enter the Premises upon giving statutory notice pursuant to California Civil Code Section 1954 to inspect the physical condition of the property and verify compliance with this Notice.

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4. DEFAULT, TERMINATION, AND REMEDIES

1. Classification of Breach and Cure Rights.
   • For monetary defaults (nonpayment of rent), Tenant is hereby granted a 3-day opportunity to cure the default by paying the full sum due, or quit the Premises.
   • For curable covenant violations, Tenant is granted a 30-business-day opportunity to completely cure the described violation and desist from further non-compliance.
   • For incurable breaches, waste, or statutory nuisance, no cure period is available, and tenancy is terminated outright upon the expiration of the statutory 3-day notice period.
2. Consequences of Failure to Vacate. If Tenant fails to completely vacate the Premises and surrender possession to Landlord on or before the expiration of the Notice Period, Landlord shall immediately pursue all available legal remedies without further notice, including the filing of an Unlawful Detainer lawsuit in the Superior Court of California, County of [County Name].
3. Recovery of Damages and Attorney's Fees. In the event legal action is instituted, Landlord shall seek and is legally entitled to recover:
   • Restitution of the Premises;
   • Past-due rent and daily statutory damages (holding over damages) at the rate of [Daily Rate Amount] per diem from the expiration date until actual vacation;
   • Statutory penalties and forfeiture of the security deposit as allowed by law; and
   • Reasonable attorney's fees and court costs, as expressly authorized by the Lease Agreement and California Code of Civil Procedure Section 1174(b).

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5. BOILERPLATE LEGAL PROVISIONS

1. Severability. If any provision of this Notice is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable under California law.
2. Entire Agreement. This Notice constitutes the entire expression of Landlord's demand for possession and supersedes any prior oral or written communications, negotiations, or understandings between the Parties regarding the termination of the tenancy, save for the underlying Lease Agreement which remains operative solely for the calculation of damages and liabilities.
3. Force Majeure. Neither party shall be held liable for failure to perform operational obligations under this Notice if such failure is caused by acts of God, war, civil unrest, declared public emergencies, or governmental restrictions that objectively preclude physical performance; provided, however, that statutory notice delivery timelines shall be governed strictly by California procedural law.
4. Governing Law and Venue. This Notice, the tenancy hereby terminated, and any subsequent legal proceedings arising therefrom shall be governed by, construed, and enforced in accordance with the substantive and procedural laws of the State of California. Exclusive venue for any legal action shall lie in the Superior Court of California, County of [County Name].
5. Alternative Dispute Resolution. Any dispute arising out of or relating to this Notice or the underlying tenancy may, by mutual written consent of both Parties, be submitted to binding arbitration administered by [Arbitration Body, e.g., AAA / JAMS] in accordance with its applicable rules; however, Landlord retains the absolute right to initiate summary Unlawful Detainer proceedings in court without prior recourse to arbitration.

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6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Landlord (or Landlord's authorized legal counsel/agent) has executed and delivered this Formal Notice to Quit and Demand for Possession as of the Effective Date written below.

LANDLORD:

Entity / Legal Name: [Landlord Entity Name]
By (Signature): [Authorized Signature]
Printed Name: [Signatory Name]
Title: [Signatory Title, e.g., Managing Partner / Attorney-in-Fact]
Date: [Execution Date]

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PROOF OF SERVICE (California CCP § 1012 / § 1162)

I, the undersigned, being at least 18 years of age, served a true copy of this Notice to Quit and Demand for Possession on [Date of Service], by the following method:

• Personal Service: By personally delivering a copy to [Name of Tenant served] at the Premises.
• Substituted Service: By leaving a copy with a person of suitable age and discretion at the Premises, AND subsequently mailing a copy by certified/first-class mail to Tenant at the Premises.
• Posting and Mailing ("Nail and Mail"): By securely affixing a copy to a conspicuous place on the property (front door) AND mailing a copy by certified/first-class mail to Tenant at the Premises, after exercising reasonable diligence to effect personal service.

Server Signature: [Server Signature]
Server Printed Name: [Server Name]
Date of Mailing / Service: [Date]