California landlord notices: the 3-day notices, AB 1482 just cause, and the 21-day deposit clock

A guide from Forms for Landlords. California figures below are taken from the California Civil Code and Code of Civil Procedure as published by the California Legislative Information service in October 2026.

California is the most regulated state in this series, and two questions precede every termination. First: does AB 1482's just-cause regime reach this property — a determination that turns on the property's facts, the owner's form, and what the tenant was told in writing, and that no form can make for the landlord. Second: what does the city or county add, because California local ordinances can displace or layer on top of the state rules, and they are not surveyed here. Underneath those questions sit short 3-day notices with prescribed contents, a detailed deposit code, and a rent cap. This guide takes them in order, and says plainly where the state-law account stops.

Nonpayment: the 3-day notice to pay rent or quit

Under Code Civ. Proc. § 1161(2), rent default is met with written notice of 3 days, excluding Saturdays, Sundays, and other judicial holidays, requiring payment of the rent or possession of the premises. The statute prescribes the contents, and a notice missing one is defective: the amount due; the name, telephone number, and address of the person to whom rent payment shall be made; if payment may be made personally, the usual days and hours that person is available to receive it; and, as alternatives to personal payment, an account number at a financial institution within five miles of the property (with the institution's name and street address) or a previously established electronic funds transfer procedure. The notice may be served within one year after the rent becomes due, and it must also be served on any subtenant in actual occupation. One caution on the amount: the practice rule is to demand rent in this notice; the treatment of late fees and other charges in a § 1161(2) demand is a matter of case law rather than the statutory text, and this guide does not resolve it.

Curable violations: the 3-day notice to cure or quit

Under § 1161(3), breach of a covenant of the lease takes a 3-day notice — the same exclusion of Saturdays, Sundays, and judicial holidays — requiring performance of the covenant or possession. Performance within the period saves the lease, and the tenant, a subtenant, a mortgagee, or another interested person may perform. The statute excuses notice altogether for a covenant that cannot afterward be performed; but the instrument for incurable conduct — nuisance, waste, unlawful use, unlawful assignment — is the three-day notice to quit under § 1161(4), which is deliberately not part of the pack this guide accompanies. Incurable conduct is where a template stops and counsel starts.

One rule covers both notices and the termination notices below: no fee may be charged for serving, posting, or otherwise delivering a § 1161 notice — § 1161, subd. 6, added by SB 611 and operative February 1, 2025. Civil Code §§ 1946(b) and 1946.1(i) impose the same bar on termination notices.

Service and counting

Service follows Code Civ. Proc. § 1162(a). The methods, in the statute's order: personal delivery to the tenant; or, if the tenant is absent from the residence and the usual place of business, leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant at the residence; or, if the residence and business place cannot be ascertained or no such person can be found, affixing a copy conspicuously on the property, delivering a copy to a person residing there if one can be found, and mailing a copy to the tenant at the property address. Keep a proof of service: the counting below starts from how the notice was delivered.

For computing the deadlines themselves, the California Courts Self Help Guide instructs: do not count the day of delivery — or, for substituted or posting service, the day of mailing; cure-type notices do not count weekends or court holidays; non-cure notices (the 3-day notice to quit and the 30/60-day notices) count every day; and a deadline that lands on a weekend or court holiday moves to the next court day. Do not confuse notice counting with what happens after filing: AB 2347 changed the tenant's post-filing response period under CCP § 1167 from 5 to 10 court days, effective January 1, 2025. It did not change how the notices themselves are counted, and budgeting a timeline on the old response period is its own error.

Ending a tenancy the just-cause regime does not reach: 30 or 60 days

Where a tenancy is not subject to § 1946.2 — an exempt property, or a tenancy that has not yet run long enough — termination runs on Civil Code §§ 1946 and 1946.1. A month-to-month tenancy is terminable on 30 days' written notice under § 1946 (an agreement made when the tenancy was created may set a shorter period, never less than 7 days). Under § 1946.1, the period is 60 days if any tenant or other resident has resided in the property for one year or more, and 30 days if none has; subsection (d) allows 30 days in a narrow bona fide sale situation — separately alienable property, a natural-person purchaser, an opened escrow, notice within 120 days of the escrow opening, no prior § 1946.1 notice, and a purchaser who intends to reside at least a year. Service is under § 1162 or by certified or registered mail. The notice must also contain the statutory abandoned-property statement, in substantially the statutory form — §§ 1946(a) and 1946.1(h) require it on the face of the notice.

AB 1482: just cause is a determination, not a form

Under Civil Code § 1946.2(a), after a tenant has continuously and lawfully occupied a covered property for 12 months, the owner may not terminate without just cause, stated in the written notice. If adult tenants were added before an existing tenant reached 24 months, protection applies only when all tenants have at least 12 months or at least one tenant has at least 24. Whether a given property is covered is the determination everything else depends on — it is property-specific, and this guide states the framework rather than any property's answer.

At-fault causes — § 1946.2(b)(1)(A) through (K) — include: default in rent; material breach of the lease, including after a written notice to correct it; nuisance; waste; refusal to execute a renewal on similar terms after a term ending on or after January 1, 2020; criminal activity on the property or common areas; a criminal threat directed at the owner or agent; assignment or subletting in violation of the lease; refusal to allow lawful entry; use of the premises for an unlawful purpose; an employee, agent, or licensee's failure to vacate after termination of that status; and the tenant's failure to deliver possession after the tenant's own written notice or offer to surrender. For a curable lease violation, § 1946.2(c) requires the owner to give a § 1161(3) cure notice first; only an uncured violation supports a 3-day notice to quit without an opportunity to cure.

No-fault causes — § 1946.2(b)(2) — are four, each with its own content rules. Owner or family move-in: the intended occupant must be the owner, the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents; the notice must state the occupant's name and relationship and that the tenant may request proof; the occupant must move in within 90 days after the tenant vacates and occupy the property as a primary residence for at least 12 continuous months; a failed move-in triggers a duty to re-offer the unit at the same rent and terms and to reimburse reasonable moving expenses above relocation assistance paid; the ground is unavailable if the intended occupant already lives on the property or a similar vacancy exists; and for leases entered on or after July 1, 2020, it applies only if the tenant agreed in writing or the lease allows it. “Owner” means a natural person holding at least a 25% recorded interest, or any interest where ownership is held entirely among the listed relatives, including interests held through an LLC or partnership. Withdrawal from the rental market is governed by the Ellis Act, Government Code §§ 7060–7060.7 — its notice periods, government filings, and re-rental restrictions are a separate regime and are not built here. Government or court order, or a local ordinance, requiring vacating — with relocation assistance excused where a government agency or court finds the tenant at fault. Demolition or substantial remodel: work that cannot be done reasonably or safely with the tenant in place and that requires vacating for at least 30 consecutive days — permitted structural, electrical, plumbing, or mechanical work, or permitted hazardous-materials abatement. Cosmetic work and minor repairs never qualify. The notice must state the intent, describe the work and its duration (or the demolition date), attach a copy of the required permits (or, only for permit-less abatement, the signed contractor contract), invite the tenant to provide reoccupancy contact information, and carry the statute's re-renting statement.

Relocation assistance is part of the notice's validity. For a no-fault termination, § 1946.2(d) requires the owner, regardless of the tenant's income, to elect one of two routes and to notify the tenant of the right in the notice: a direct payment of one month's rent — the rent in effect when the notice issued — provided within 15 calendar days after service; or a written waiver of the final month's rent, stating the amount waived and that no rent is due for the final month. The amounts credit against relocation duties under other law and are recoverable as damages if the tenant fails to vacate. Compliance is strict: under § 1946.2(d)(4) and (g), a failure renders the notice void.

Exemptions are conditions to prove, not labels to claim. Section 1946.2(e)(1) through (9) lists nine categories of property the just-cause regime does not reach. The most commonly claimed — the separately alienable single-family home under (e)(8) — carries two traps on its face: the owner must not be a real estate investment trust, a corporation, an LLC with any corporate member, or mobilehome park management; and the tenants must have been given the statutory exemption statement in writing, which for tenancies commenced or renewed on or after July 1, 2020 must appear in the rental agreement. Separately, § 1946.2(f) requires owners to give tenants the statutory AB 1482 notification for tenancies commenced or renewed on or after July 1, 2020 — in the agreement, by addendum, or as a signed written notice. If that notification was never given, the paperwork gap has to be fixed before an exemption is relied on. The exposure for getting this wrong is not merely a failed termination: § 1946.2(h) allows actual damages, discretionary attorney's fees and costs, and up to three times actual damages plus punitive damages for a material violation committed with willfulness, oppression, fraud, or malice; § 1946.2(j) voids any waiver of the section.

Local ordinances sit on top of all of this. Under § 1946.2(i), a local just-cause ordinance adopted on or before September 1, 2019 applies instead of § 1946.2; a later ordinance applies only if it is more protective under the statute's criteria and the locality has made the required binding finding; and a property is never subject to both regimes at once. Many California cities and counties have their own just-cause and rent-control ordinances. They were not surveyed for this guide or for the pack — for many California landlords they matter as much as state law, and checking them is not optional diligence. Two closing facts: §§ 1946.2 and 1947.12 are repealed on January 1, 2030, and subsidized-housing programs layer their own notice and good-cause rules over everything above.

Rent increases sit under their own cap

Just cause has a companion: the rent cap in Civil Code § 1947.12. Over any 12-month period, increases may not exceed 5% plus the percentage change in the cost of living, or 10%, whichever is lower, measured from the lowest gross rental rate charged in the 12 months before the increase. Owner-offered discounts and concessions are excluded from the baseline and must be separately listed in the agreement; no more than two increase increments are permitted in 12 months; and the initial rent on a genuinely new tenancy is not capped by subdivision (a). The cap's exemption list is a separate determination from the just-cause exemptions — do not assume an exemption from one follows from the other. The notice for an increase is its own rule, under § 827: for a residential increase alone or combined with other increases in the prior 12 months of 10% or less, at least 30 days; for an increase of more than 10%, at least 90 days, given by personal delivery or by mail under CCP § 1013.

The deposit: § 1950.5

California's deposit statute is the most detailed in this series, and its deadlines are unforgiving:

Cap. Security may not exceed one month's rent, in addition to the first month's rent paid on or before initial occupancy — § 1950.5(c)(1), as set by AB 12 effective July 1, 2024. The small-landlord exception in (c)(5) raises the cap to two months' rent only if both conditions hold: the landlord is a natural person, or an LLC whose members are all natural persons; and the landlord owns no more than two residential rental properties collectively including no more than four dwelling units for rent. The exception never applies if the prospective tenant is a service member. Other narrow exceptions exist at (c)(2) through (c)(4) — advance rent of six months or more under a term of six months or more, tenant-requested alterations, and a service member's written statement. The cap reaches only security collected or demanded on or after July 1, 2024 — (c)(6). And security is never “nonrefundable” — § 1950.5(n).
Deductions. Claims are limited to the categories in § 1950.5(b)(1) through (4) and to amounts reasonably necessary; § 1950.5(e) bars claims for preexisting damage and for ordinary wear and tear, including its cumulative effects, limits labor and materials charges, and bars professional cleaning charges unless reasonably necessary.
Pre-move-out inspection. Section 1950.5(f) gives the tenant the right to an initial inspection before move-out: the landlord gives written notice of the option and of the right to be present — including the statutory abandoned-property statement — the inspection is held no earlier than two weeks before termination or the end of the term and on at least 48 hours' written notice (waivable only by a writing signed by both parties), and the landlord leaves an itemized statement of proposed deductions. The tenant may remedy identified items, and the landlord is barred from later deducting for repairs or cleanings that were not identified and were not concealed by the tenant's possessions. Subdivision (f) does not apply to tenancies terminated under CCP § 1161(2), (3), or (4).
Photographs. Under § 1950.5(g), tenancies beginning on or after July 1, 2025 require inception photographs; and from April 1, 2025, photographs are required within a reasonable time after possession is returned, before any repairs or cleanings to be deducted, and again after their completion.
Itemization — 21 days. The itemized statement and the return of the remainder are due no later than 21 calendar days after the tenant vacates — § 1950.5(h)(1). The statement goes by personal delivery or first-class mail (or e-mail if mutually agreed); the remainder by personal delivery, a first-class-mailed check, or electronically where the statute's conditions are met. With multiple adult tenants, the check is payable to all adult tenants at termination, absent a written agreement signed by the landlord and all adult tenants.
Documentation, and the $125 threshold. Section 1950.5(h)(2) requires documentation: for the landlord's own work, a description, the time spent, and a reasonable hourly rate; for third-party work, the bill, invoice, or receipt plus the worker's name, address, and telephone number if not on it; and photographs with a written cost explanation for repair and cleaning deductions. Where documents are missing, (h)(3) allows a good-faith estimate with the provider named, followed by a final statement within 14 calendar days. Under (h)(4), the documentation duties do not apply where repair and cleaning deductions together do not exceed $125, or on a qualifying signed waiver — but under (h)(5) they revive on the tenant's request made within 14 calendar days after receiving the statement, to be complied with within 14 calendar days.
Bad faith. A landlord who in bad faith fails to comply with subdivision (h) is not entitled to claim any amount of the security — § 1950.5(h)(7). Bad-faith claim or retention under § 1950.5(m) carries statutory damages of up to twice the security, in addition to actual damages, with the burden on the landlord to prove the retention was reasonable and authorized.
Transfer. When the landlord's interest transfers, § 1950.5(i) through (l) give the landlord two routes — transfer the remainder to the successor with written notice to the tenant, or return it with an accounting — and make successors jointly and severally liable for it.

Retaliation

Under Civil Code § 1942.5, where the tenant is not in default as to rent, the landlord may not recover possession, cause the tenant to quit involuntarily, increase rent, or decrease services within 180 days of specified protected activity — a good-faith tenantability notice or complaint, an agency complaint the landlord knows of, a resulting inspection or citation, a tenantability proceeding, or an adverse judgment or award. The tenant may invoke the section only once in any 12-month period; immigration-related retaliation and retaliation for organizing or exercising rights are barred independently. A landlord acting inside the window must state the good-faith ground in the notice and prove it if controverted. Liability includes actual damages and punitive damages of $100 to $2,000 per retaliatory act where the act is committed with fraud, oppression, or malice.

A note on currency: § 1946.2 was amended by AB 1529 and § 1950.5 by AB 414, each effective January 1, 2026, and §§ 1946.2 and 1947.12 are repealed on January 1, 2030. Statutes change, and California local ordinances and subsidized-housing program rules sit on top of state law — the ordinances were not surveyed here, which is this guide's largest gap. Verify the current text before acting, and have a California landlord-tenant attorney review any completed notice before you rely on it. This guide is general information about California's published rules — it is not legal advice, and Forms for Landlords is not a law firm.

The forms, with California's rules built in

The California Landlord Forms Pack is our California state edition: the notice to pay rent or quit and the notice to cure or quit built on CCP § 1161 with § 1162 service built into every delivery block, the termination/nonrenewal notice built as an AB 1482 election framework — four tracks, the nine § 1946.2(e) exemptions as condition-carrying checkboxes, the relocation block, and a six-step determination checklist; it does not tell you whether AB 1482 applies to your property, it works through the determination with you — the deposit transmittal and itemized statement built around § 1950.5's one-month cap and 21-day clock, and a two-page California quick-reference with the statute cited for every figure. The pack contains no § 1161(4) notice to quit and no Ellis Act packet, and it does not survey local ordinances. Built from California statutes as of October 2026; templates, not legal advice, and not reviewed by a California attorney.

$89 See the California Pack