📋 Overview

You've received an eviction notice from your landlord. This is serious, but you have rights. California has strong tenant protections, and many eviction attempts are defective or retaliatory. This guide will help you understand your notice, identify defenses, and respond strategically.

Do Not Ignore It

Ignoring an eviction notice can result in a default judgment and rapid lockout. Always respond within required deadlines.

Deadlines Are Critical

You typically have only 5 court days to file an answer after being served with an unlawful detainer lawsuit.

Many Notices Are Defective

Technical errors in notice content, service, or timing can invalidate the eviction and give you time.

Types of Eviction Notices

  • 3-Day Notice to Pay or Quit - For unpaid rent; you can cure by paying within 3 days
  • 3-Day Notice to Cure or Quit - For curable lease violations; fix the violation within 3 days
  • 3-Day Notice to Quit (Incurable) - For serious violations like illegal activity or nuisance
  • 30-Day Notice to Terminate - Month-to-month tenancy under 1 year (where just cause not required)
  • 60-Day Notice to Terminate - Month-to-month tenancy over 1 year (where just cause not required)
  • 90-Day Notice - Subsidized housing or certain property sales
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Attorney Review & Response

Notice review, defense identification, answer preparation, and negotiation strategy. Protect your housing.

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🔍 Evaluate the Notice

Carefully review the notice for defects. California law requires strict compliance with notice requirements, and errors can invalidate the eviction.

Notice Defect Checklist

Issue to Check Requirement If Defective
Rent amount stated Must state exact amount owed (no overcharges) INVALID
Notice period Must allow full statutory period (3, 30, 60 days) INVALID
Service method Must follow CCP 1162 (personal, substituted, or posting) INVALID
Just cause stated Required under AB 1482 / local ordinance if applicable INVALID
Relocation assistance offer Required for no-fault evictions under AB 1482 MAY INVALIDATE
Correct tenant names All adult occupants should be named POSSIBLE DEFENSE

📄 Notice Review

  • ✓ Date notice was served
  • ✓ Method of service used
  • ✓ Rent amount matches actual amount owed
  • ✓ Property is covered by just cause protections

⚖ Protection Check

  • ✓ AB 1482 applies (built before 2005, corporate owner)
  • ✓ Local rent control ordinance applies
  • ✓ Section 8 or subsidized housing protections
  • ✓ COVID-19 protections still applicable

AB 1482 Just Cause Requirement

If your property is covered by AB 1482 (California Tenant Protection Act), the landlord needs a valid "just cause" reason to evict. Covered properties include most rentals built before 2005 owned by corporations or LLCs. Single-family homes owned by individuals may be exempt if proper notice was given.

🛡 Your Defenses

California law provides numerous defenses to eviction. Identify which apply to your situation.

Defective Notice

If the notice contains errors in the amount demanded, notice period, service method, or required content, the eviction may be dismissed. This is one of the most common successful defenses.

When to use: Notice demands wrong rent amount, was served improperly, or doesn't meet statutory requirements.

Retaliatory Eviction

Under Civil Code 1942.5, landlords cannot evict in retaliation for exercising legal rights such as complaining about habitability, organizing tenants, or reporting code violations. There's a presumption of retaliation if eviction follows protected activity within 180 days.

When to use: You recently complained about repairs, reported code violations, or exercised tenant rights.

Discriminatory Eviction

The Fair Employment and Housing Act (FEHA) prohibits eviction based on race, religion, national origin, disability, familial status, or other protected characteristics.

When to use: Eviction appears motivated by discrimination rather than legitimate reasons.

Habitability Defense

If the landlord failed to maintain the property in habitable condition, you may have a defense to nonpayment eviction. Rent withholding may be justified for serious habitability issues.

When to use: Property has significant habitability issues and you withheld rent or landlord failed repairs.

Rent Already Paid

For pay-or-quit notices, showing you paid the rent demanded (or that the amount was wrong) is a complete defense. Keep all payment records.

When to use: You paid rent that landlord claims is owed, or the amount in the notice is wrong.

No Just Cause

Under AB 1482 or local rent control, landlords must have a valid reason (just cause) to evict. If no just cause exists or the stated cause is pretextual, the eviction can be defeated.

When to use: Property is covered by just cause requirements and landlord's stated reason is false or insufficient.

Weak Defenses to Avoid Relying On

  • "I've been a good tenant" - Not a legal defense if valid cause exists
  • "I can't afford to move" - Hardship alone is not a defense
  • "The landlord is mean" - Must show illegal conduct, not just unfairness
  • "Other tenants did the same thing" - Selective enforcement can be a defense but is hard to prove

⚖ Response Options

Based on your situation, choose the best response strategy.

Cure the Violation

For curable notices (pay rent, fix lease violation), you have the right to cure within the notice period. This stops the eviction entirely.

  • Pay exact amount stated within 3 days
  • Fix the lease violation completely
  • Document your cure with proof

Negotiate with Landlord

Many landlords prefer negotiation over court. You may be able to arrange a payment plan, agree to vacate with more time, or resolve the dispute.

  • Avoids court costs for both parties
  • May get more time to move
  • Could result in dismissed eviction

File Answer & Defend

If you have valid defenses, file an answer to the unlawful detainer lawsuit and fight the eviction in court.

  • Preserves all your defenses
  • Extends timeline significantly
  • May result in dismissal

Request Jury Trial

You have the right to a jury trial in unlawful detainer cases. This extends the process and may be strategic in certain cases.

  • Longer timeline (weeks to months)
  • Jury may be sympathetic
  • Higher stakes for landlord

Timeline: Eviction Process

Understanding the typical timeline helps you plan

Notice period 3-60 days
File unlawful detainer Day 1 after notice expires
Tenant answer due 5 court days after service
Court trial (if answer filed) 20+ days after answer
Appeal period 5 days after judgment
TOTAL POSSIBLE TIME 2-4+ months

Free Legal Help Available

Many California counties have free legal aid for tenants facing eviction. Contact your local legal aid society, law school clinic, or tenant rights organization. In some counties, you have a right to counsel in eviction cases.

📝 Sample Responses

Copy and customize these response templates for your situation.

Response to Defective Notice
I received your notice dated [DATE]. Upon review, the notice appears to be defective for the following reasons: [SELECT APPLICABLE: The rent amount stated ($X) exceeds the actual rent owed / The notice was not properly served / The notice period is insufficient / The notice fails to state just cause as required under AB 1482]. Under California Code of Civil Procedure Section 1161 and applicable case law, defective notices cannot support an unlawful detainer action. I respectfully request that you withdraw this notice. I remain willing to discuss any legitimate concerns regarding the tenancy and hope we can resolve this matter without litigation.
Response Asserting Retaliation
I received your eviction notice dated [DATE]. I believe this notice is retaliatory and therefore unlawful under California Civil Code Section 1942.5. On [DATE], I [complained about habitability issues / reported code violations / exercised other protected rights]. Your eviction notice was served within 180 days of this protected activity, creating a presumption of retaliation under California law. Retaliatory evictions are not only a defense to unlawful detainer actions but may also subject landlords to actual damages, punitive damages, and attorney fees. I urge you to reconsider this course of action. If you proceed with an unlawful detainer, I will assert retaliation as an affirmative defense and seek all available remedies.
Request for Payment Plan
I received your 3-Day Notice to Pay Rent or Quit dated [DATE]. I acknowledge that rent is currently past due and want to work with you to resolve this situation. I am experiencing temporary financial difficulty due to [BRIEF EXPLANATION]. I am able to offer the following payment arrangement: - Immediate payment of $[AMOUNT] - Remaining balance of $[AMOUNT] paid by [DATE] - Current rent payments to continue on time going forward I have been a reliable tenant for [X] years and am committed to maintaining my tenancy. A payment plan would allow me to catch up while avoiding the costs and delays of an unlawful detainer action for both of us. Please contact me at [PHONE/EMAIL] to discuss this proposal.
Cash for Keys Negotiation
I received your notice regarding termination of my tenancy. While I dispute the grounds stated, I am willing to discuss a mutually agreeable resolution. If you are amenable to a "cash for keys" arrangement, I would consider vacating the premises in exchange for: - Waiver of any claimed past-due rent - Payment of $[AMOUNT] as relocation assistance - [60] days to vacate from date of agreement - Return of full security deposit - Neutral reference for future rentals This would save you the time and expense of litigation (typically 2-4 months and $3,000+ in attorney fees) while providing me adequate time to relocate. Please contact me to discuss. If I do not hear from you by [DATE], I will proceed to defend against any unlawful detainer action.

🚀 Next Steps

What to do immediately after receiving an eviction notice.

Step 1: Note the Date

Record when and how the notice was served. This starts the clock on your response deadline.

Step 2: Review for Defects

Check the notice carefully for errors in amount, dates, service, and required content.

Step 3: Know Your Protections

Determine if AB 1482, local rent control, or other protections apply to your situation.

Step 4: Seek Legal Help

Contact legal aid or an attorney immediately. Many offer free consultations for eviction defense.

If Lawsuit Is Filed (Unlawful Detainer)

  • File answer within 5 court days - After being served with summons and complaint
  • Assert all defenses - Include every applicable defense in your answer
  • Request jury trial - If you want a jury, you must request it in writing
  • Attend all hearings - Missing court dates results in default judgment

If You Lose

  • 5 days to appeal - You can appeal to Superior Court Appellate Division
  • Stay of execution - May be available if you appeal and post bond
  • Negotiate move-out - Even after judgment, landlords sometimes negotiate more time

Protect Your Housing

Eviction cases move fast and have lasting consequences. Get professional help to identify your defenses and protect your rights.

Schedule Consultation - $450

California Resources

  • CA Courts Self-Help: selfhelp.courts.ca.gov - Free court forms and information
  • Legal Aid Finder: lawhelpca.org - Find free legal help in your area
  • Housing Rights Center: hrc-la.org - Tenant rights information
  • AB 1482 Information: hcd.ca.gov/tenantprotection - State housing department