📋 Overview: California Lease Violation Notices

When a tenant violates the terms of their lease agreement, California law requires landlords to provide proper written notice before pursuing eviction. The type of notice and cure period depends on whether the violation is curable and the specific circumstances involved.

Common Lease Violations

Unauthorized Occupants

Guests who have become long-term residents without landlord approval, exceeding occupancy limits, or adding people not on the lease

Unauthorized Pets

Keeping pets when the lease prohibits them, having more pets than allowed, or keeping prohibited breeds or species

Unauthorized Subletting

Renting out rooms or the entire unit without permission, Airbnb or short-term rentals, or allowing non-tenants to pay rent

Noise Violations

Repeated disturbances, loud parties, excessive noise during quiet hours, or nuisance behavior affecting neighbors

Notice Requirements Overview

Violation Type Notice Period Curable?
Unauthorized occupants 3-day notice to cure or quit Yes - tenant can remove occupant
Unauthorized pets 3-day notice to cure or quit Yes - tenant can remove pet
Unauthorized subletting 3-day notice to cure or quit Yes - tenant can end sublease
Noise violations (first offense) 3-day notice to cure or quit Yes - tenant can cease behavior
Repeated violations (after cure) 3-day notice to quit (no cure) No - if same violation recurs

AB 1482 Just Cause Requirements

For properties covered by the Tenant Protection Act (Civil Code 1946.2), lease violations are considered "at-fault" just cause for eviction. However, landlords must still provide proper notice and an opportunity to cure before filing an unlawful detainer. Properties exempt from AB 1482 (certain single-family homes, new construction, etc.) may have different requirements under local ordinances.

For Landlords Sending Notice

  • Document the violation thoroughly with photos, videos, and written records
  • Serve proper written notice with specific violation details
  • Allow full cure period before filing eviction
  • Keep proof of service for court proceedings
  • Consult attorney if violation recurs after cure

For Tenants Receiving Notice

  • Read the notice carefully and note the cure deadline
  • Cure the violation within the time period if possible
  • Document your cure with photos and written confirmation
  • Respond in writing if you dispute the violation
  • Seek legal help if you believe the notice is improper

📂 Evidence Checklist

Strong documentation is critical for lease violation cases. I help landlords build evidentiary records that will hold up in court.

For Unauthorized Occupants

Documentation Needed

Photos of additional cars, mail addressed to unauthorized persons, witness statements from neighbors, utility usage records showing increased consumption

Lease Provisions

Copy of lease showing occupancy limits, guest policy, and named tenants. Highlight specific clause being violated.

For Unauthorized Pets

Documentation Needed

Photos or videos of pet on property, neighbor complaints, pet damage documentation, veterinary or licensing records if available

Exception: Service Animals

Tenants with legitimate service animals or emotional support animals may be protected under fair housing laws. Request proper documentation before proceeding.

For Unauthorized Subletting

Documentation Needed

Airbnb or VRBO listings with property photos, screenshots of rental advertisements, payment records if available, guest complaints

Lease Provisions

Copy of lease showing prohibition on subletting or assignment, any prior written requests denied, evidence of commercial rental activity

For Noise Violations

Documentation Needed

Written complaints from neighbors with dates and times, police reports or citations, audio/video recordings, noise level measurements if available

Pattern Required

Single incidents rarely sufficient for eviction. Document pattern of repeated violations with specific dates, times, and nature of disturbance.

Pro Tip: Create a Violation Log

Maintain a written log of all violations with dates, times, description of incident, and any witnesses. This contemporaneous record is powerful evidence in court. I can provide templates for violation documentation.

💰 Damages & Recovery

Landlords may be entitled to various forms of compensation when tenants violate lease terms. Understanding potential damages helps in crafting effective demand letters.

Recoverable Damages

Damage Type Description
Unpaid Additional Rent If lease provides for additional rent for unauthorized occupants or pets, landlord may recover the difference
Property Damage Cost to repair damage caused by unauthorized pets, excessive occupants, or nuisance behavior
Lost Rental Value If subletting for commercial profit, landlord may claim portion of rental income received by tenant
Increased Insurance Costs If violation increases liability exposure or insurance premiums
Attorney Fees If lease contains attorney fees clause, prevailing party may recover litigation costs
HOA Fines If tenant's violation results in HOA fines to landlord, these may be passed through

Landlord Recovery Options

  • Demand cure plus payment of documented damages
  • Deduct from security deposit after move-out
  • Sue in small claims court (up to $12,500)
  • Include damages claim in unlawful detainer action
  • Negotiate settlement agreement with tenant

Tenant Defense Considerations

  • Challenge whether violation actually occurred
  • Dispute damage calculations as excessive
  • Assert waiver if landlord previously allowed violation
  • Raise fair housing defenses for service animals
  • Claim retaliation if notice follows protected activity

Waiver by Acceptance

Landlords who know about a violation and continue accepting rent without objection may be found to have waived the right to evict. I advise documenting objection to violations in writing even while continuing to accept rent payments.

📝 Sample Demand Language

Use these templates as starting points for lease violation notices. Customize with your specific facts and consult an attorney for complex situations.

3-Day Notice - Unauthorized Occupant
THREE-DAY NOTICE TO PERFORM COVENANT OR QUIT TO: [TENANT NAME(S)] and all other occupants PROPERTY: [FULL PROPERTY ADDRESS] PLEASE TAKE NOTICE that you are in violation of your rental agreement dated [LEASE DATE]. VIOLATION: You have permitted [NAME OF UNAUTHORIZED OCCUPANT] to reside at the premises without written landlord approval, in violation of Section [SECTION NUMBER] of your lease agreement, which states: [QUOTE RELEVANT LEASE PROVISION]. DEMAND: Within THREE (3) DAYS after service of this notice, you must: 1. Remove the unauthorized occupant from the premises; AND 2. Provide written confirmation that the unauthorized occupant has vacated OR vacate and surrender possession of the premises to the landlord. If you fail to comply within three (3) days, legal proceedings will be instituted to recover possession of the premises, declare the forfeiture of your rental agreement, and recover damages and costs of suit. Date: [DATE] _______________________________ [LANDLORD/AGENT NAME] [ADDRESS] [PHONE]
3-Day Notice - Unauthorized Pet
THREE-DAY NOTICE TO PERFORM COVENANT OR QUIT TO: [TENANT NAME(S)] and all other occupants PROPERTY: [FULL PROPERTY ADDRESS] PLEASE TAKE NOTICE that you are in violation of your rental agreement dated [LEASE DATE]. VIOLATION: You are keeping a [DESCRIPTION OF PET - e.g., "medium-sized dog"] on the premises in violation of Section [SECTION NUMBER] of your lease agreement, which provides: [QUOTE NO-PET CLAUSE]. DEMAND: Within THREE (3) DAYS after service of this notice, you must: 1. Permanently remove the pet from the premises; AND 2. Provide written confirmation that the pet has been permanently removed OR vacate and surrender possession of the premises to the landlord. NOTE: If you have a disability and require this animal as a reasonable accommodation, you must provide documentation from a licensed healthcare provider within the three-day period. If you fail to comply within three (3) days, legal proceedings will be instituted to recover possession of the premises, declare the forfeiture of your rental agreement, and recover damages and costs of suit. Date: [DATE] _______________________________ [LANDLORD/AGENT NAME]
3-Day Notice - Unauthorized Subletting
THREE-DAY NOTICE TO PERFORM COVENANT OR QUIT TO: [TENANT NAME(S)] and all other occupants PROPERTY: [FULL PROPERTY ADDRESS] PLEASE TAKE NOTICE that you are in violation of your rental agreement dated [LEASE DATE]. VIOLATION: You have sublet the premises, or a portion thereof, without the landlord's written consent, in violation of Section [SECTION NUMBER] of your lease agreement. Specifically, the landlord has discovered that you have been [DESCRIBE SUBLETTING ACTIVITY - e.g., "listing the property on Airbnb for short-term rentals" or "permitting a third party to reside in the premises in exchange for payment"]. Evidence of this violation includes: [DESCRIBE EVIDENCE - e.g., "Airbnb listing screenshots dated [DATE] showing [ADDRESS] available for nightly rental"]. DEMAND: Within THREE (3) DAYS after service of this notice, you must: 1. Immediately cease all subletting and short-term rental activity 2. Remove all subletting listings from online platforms 3. Remove any subtenants from the premises 4. Provide written confirmation of compliance OR vacate and surrender possession of the premises to the landlord. If you fail to comply within three (3) days, legal proceedings will be instituted to recover possession of the premises, declare the forfeiture of your rental agreement, and recover damages including any rental profits you received. Date: [DATE] _______________________________ [LANDLORD/AGENT NAME]
3-Day Notice - Noise Violation
THREE-DAY NOTICE TO PERFORM COVENANT OR QUIT TO: [TENANT NAME(S)] and all other occupants PROPERTY: [FULL PROPERTY ADDRESS] PLEASE TAKE NOTICE that you are in violation of your rental agreement dated [LEASE DATE]. VIOLATION: You have repeatedly created excessive noise disturbances in violation of Section [SECTION NUMBER] of your lease agreement, which requires tenants to [QUOTE QUIET ENJOYMENT/NOISE CLAUSE]. Documented incidents include: [DATE]: [DESCRIPTION OF INCIDENT] [DATE]: [DESCRIPTION OF INCIDENT] [DATE]: [DESCRIPTION OF INCIDENT] These disturbances have substantially interfered with the quiet enjoyment of neighboring tenants and constitute a nuisance. DEMAND: Within THREE (3) DAYS after service of this notice, you must cease all noise violations and nuisance behavior, OR vacate and surrender possession of the premises to the landlord. NOTICE: If you cure this violation but commit a similar violation within 12 months, you may be served with a 3-day notice to quit without further opportunity to cure. If you fail to comply within three (3) days, legal proceedings will be instituted to recover possession of the premises, declare the forfeiture of your rental agreement, and recover damages and costs of suit. Date: [DATE] _______________________________ [LANDLORD/AGENT NAME]
Tenant Response - Disputing Violation
[DATE] [LANDLORD NAME] [LANDLORD ADDRESS] Re: Response to 3-Day Notice dated [DATE] Property: [ADDRESS] Dear [LANDLORD NAME]: I am writing in response to the 3-Day Notice to Perform Covenant or Quit that I received on [DATE RECEIVED]. I dispute this notice for the following reasons: [SELECT/MODIFY AS APPLICABLE:] 1. The alleged violation did not occur. [EXPLAIN WHY] 2. The notice is defective because [EXPLAIN DEFECT - wrong address, wrong tenant name, insufficient description, etc.] 3. The person identified as an "unauthorized occupant" is [EXPLAIN - a guest, a caregiver, etc.] and does not constitute a lease violation. 4. The animal is a service animal/emotional support animal required for my disability. I have attached documentation from my healthcare provider. 5. You have previously known about and accepted this condition without objection, constituting waiver. 6. This notice appears to be in retaliation for [PROTECTED ACTIVITY - repair requests, complaints, etc.]. I request that you withdraw this notice. I am prepared to discuss this matter and reach a reasonable resolution. Sincerely, _______________________________ [TENANT NAME] [ADDRESS] [PHONE/EMAIL]

🚀 Next Steps

The path forward depends on whether you are the landlord enforcing lease terms or a tenant responding to a violation notice.

For Landlords

  1. Document the violation - Gather all evidence before serving notice
  2. Serve proper notice - Use correct form with specific violation details
  3. Keep proof of service - Personal service preferred; keep declaration
  4. Wait full 3 days - Do not file eviction early
  5. Verify cure or non-cure - Document tenant's response
  6. File unlawful detainer - If no cure, proceed to court

For Tenants

  1. Read notice carefully - Note deadline and specific violation
  2. Evaluate your options - Can you cure? Is notice valid?
  3. Cure if possible - Remove pet, occupant, or stop behavior
  4. Document your cure - Photos, written confirmation
  5. Respond in writing - Even if you cure, confirm in writing
  6. Seek legal help - If you cannot cure or dispute notice

Timeline After Notice

Days 1-3: Cure Period

Tenant has three full days (excluding weekends/holidays) to cure the violation or vacate. Day count begins day after service.

Day 4+: Filing Period

If tenant fails to cure or vacate, landlord may file unlawful detainer complaint in Superior Court.

5-Day Response

After being served with unlawful detainer, tenant has 5 days to file response (answer or motion).

Trial: 20 Days

Unlawful detainer trials are expedited - typically scheduled within 20 days of request.

Warning: Self-Help Eviction is Illegal

Landlords cannot change locks, remove tenant property, shut off utilities, or otherwise force tenants out without going through the court process. Self-help eviction can result in significant liability - up to $100 per day plus actual damages under Civil Code 789.3.

⚖ Attorney Services

I help both landlords and tenants navigate lease violation disputes. Whether you need to enforce your rights as a property owner or defend against an improper eviction attempt, I provide practical legal guidance.

For Landlords

Service Fee
Lease Violation Notice - Properly drafted 3-day notice with proof of service $450 flat fee
Eviction Consultation - Review your situation, advise on strategy $240/hr
Unlawful Detainer Filing - Prepare and file eviction complaint $240/hr
Full Representation - Notice through judgment and lockout $240/hr

For Tenants

Service Fee
Notice Review - Evaluate whether notice is valid and defensible $240/hr
Response Letter - Draft response disputing violation or proposing resolution $450 flat fee
Eviction Defense - Representation in unlawful detainer proceedings $240/hr
Negotiated Move-Out - Negotiate cash-for-keys or extended timeline $240/hr

Need Help With a Lease Violation?

Whether you are a landlord seeking to enforce lease terms or a tenant who received a violation notice, I can help you understand your options.

Book 30-Minute Consultation

Contact Information

For lease violation assistance:
Email: owner@terms.law
Consultation Rate: $240/hour
Flat Fee Notice/Letter: $450
Book Online: calendly.com/sergei-tokmakov/30-minute-zoom-meeting