When a California tenant breaks a lease term other than paying rent, the usual path is: document the problem, raise it in writing, and, if it continues, serve a written three-day notice to perform the term or leave under Code of Civil Procedure § 1161(3). Where the just-cause law applies (Civil Code § 1946.2), the owner must give that chance to cure first for any curable violation, and may serve a three-day notice to quit without a cure option only if the problem is not fixed in time (§ 1946.2(c)). Some conduct, such as waste, nuisance or unlawful use, falls under § 1161(4), which allows a notice to quit without a cure period.

The short version

  • Start with facts: what the lease says, what happened, when, and how you know.
  • A good-faith warning about a lease or rule violation is not a violation of Civil Code § 1940.2 (§ 1940.2(c)), so a calm, factual written warning is a reasonable first step.
  • A § 1161(3) notice gives the tenant three days, not counting Saturdays, Sundays or judicial holidays, to fix the breach or move out.
  • In a tenancy covered by § 1946.2, a curable violation needs that cure notice before any notice to quit, and the termination notice must state the just cause.
  • Waste, nuisance and unlawful use fall under § 1161(4), which allows a three-day notice to quit with no cure period. Assigning or subletting against the lease is named in both § 1161(3) and § 1161(4); ask counsel which applies.
  • Check the timing against the retaliation rules in Civil Code § 1942.5 before you serve anything.

Step by step: from first problem to notice

  1. Read the lease clause. Confirm the term actually says what you think it says, and that the tenant signed the version you are relying on.
  2. Write down the facts. Note dates, times, what was seen, and any photos or messages. Keep it factual.
  3. Raise it with the tenant, in writing. Describe the problem, quote the lease term, and say what needs to change and by when. Civil Code § 1940.2(c) says a good-faith oral or written warning about lease, rule or law violations, and an explanation of the lease in the normal course of business, are not unlawful harassment.
  4. Decide whether the breach can be fixed. Many everyday issues are things a tenant can stop doing or put right. If the condition "cannot afterward be performed," § 1161(3) says no notice demanding performance is needed. The statute does not list which breaches are curable, so ask counsel when you are unsure.
  5. Serve a notice to cure or quit. The § 1161(3) notice is in writing, names the term that was broken, and requires the tenant to perform it or give up possession within three days, excluding Saturdays, Sundays and other judicial holidays. Within those three days the tenant, a subtenant, a mortgagee or another interested person may cure and "save the lease from forfeiture." See California 3-day notices for counting and service.
  6. If it is not cured, decide on next steps. In a covered tenancy, a three-day notice to quit without a cure option may follow only after the cure period runs out without a fix (§ 1946.2(c)). Any termination notice must state the just cause (§ 1946.2(a)).
  7. Go to court only through the unlawful detainer process. A notice does not remove anyone. See the eviction process.

Use the notice period calculator to count the three days. It skips weekends and judicial holidays.

Which notice fits which problem

Type of problemUsual statutory pathWhat to keep in mind
Breach of a lease term the tenant can correctCCP § 1161(3) notice to perform or quitIn a covered tenancy, this cure step is required first (§ 1946.2(c))
Breach of a material term after a written notice to correctAt-fault just cause, § 1946.2(b)(1)(B)The statute ties this cause to § 1161(3)
Assigning or subletting against the leaseNamed in both § 1161(3) and § 1161(4)Which one applies in a given case is a question for counsel
Waste§ 1161(4) notice to quit; at-fault cause § 1946.2(b)(1)(D)No cure period is required by § 1161(4)
Nuisance or unlawful use of the premises§ 1161(4) notice to quit§ 1161(4) also treats certain public nuisance offenses as a nuisance on the premises
Criminal activity on the property, or a criminal threat aimed at the owner or agentAt-fault just cause under § 1946.2(b)(1)Get legal advice before serving
Refusing lawful entryAt-fault just cause under § 1946.2(b)(1)Entry must follow Civil Code § 1954; see landlord entry

The full list of at-fault causes is on the just-cause eviction page. Just cause applies once a tenant has continuously and lawfully occupied the unit for 12 months, with a special rule when adult tenants are added (§ 1946.2(a)).

Serving the notice correctly

  • Method. Three-day notices are served under CCP § 1162: personal delivery; substituted service (if the tenant is absent from home and work, leave a copy with a person of suitable age and discretion at either place, and mail a copy to the residence); or post and mail (if no suitable person can be found, post a copy in a conspicuous place on the property, deliver a copy to a person living there if one can be found, and mail a copy). Under Civil Code § 1633.3(c), an electronic record may not be substituted for a notice required to be sent under § 1162, so an email or text alone does not replace service.
  • No fee. An owner may not charge the tenant for serving, posting or delivering a § 1161 notice (§ 1161(6)).
  • Extra days. Neither § 1161 nor § 1162 says whether substituted service or post and mail adds days; ask counsel if timing is tight.
  • Coming in 2027. Under SB 1296 (Civil Code § 1942.7.5, operative April 1, 2027), a tenant's failure to sign a pet addendum cannot be the sole basis of an unlawful detainer.

Avoiding retaliation and harassment claims

Under Civil Code § 1942.5(a), for 180 days after a tenant in good faith asks for repairs, reports a suspected bed bug infestation, complains to a housing agency or takes certain other steps, an owner may not recover possession, raise the rent or cut services in retaliation, as long as the tenant is not in default on rent. Section 1942.5(d) separately bars retaliation for exercising any legal right.

An owner may still act within those 180 days if the notice states the ground on which the owner acts in good faith; if the tenant disputes it, the owner must prove it at trial (§ 1942.5(g)). That is one more reason to keep a written record of the violation from the start. Details are on the retaliation, harassment and lockouts page.

If a tenant tells you the violation is connected to a disability, treat it as a possible accommodation request. Under 2 CCR § 12176(f)(8), a failure to accommodate can be raised as a defense in an unlawful detainer, and a request can come at any point in the process. See reasonable accommodation requests.

For owners

  • Write rules into the lease and addenda so there is a term to point to. See occupancy and guest clauses and the pet addendum.
  • Apply each rule the same way to every household. Uneven enforcement invites fair housing questions.
  • Keep a dated file: the warning, the notice, proof of service and what happened after.
  • Never change locks, remove belongings or shut off utilities to force the tenant out; Civil Code § 789.3 prohibits doing so with intent to end the occupancy.
  • For late rent, the process is different; see when rent is late.

For renters

  • Read any warning or notice the day it arrives and note the date you received it.
  • If the notice gives you a chance to cure, fix the problem within the three days and tell the owner in writing that you did, with photos if useful.
  • If you think the notice followed a repair request or complaint, write down those dates; § 1942.5 may apply.
  • A notice is not an eviction. Only a court can order you out, and you have the right to respond to any lawsuit.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration requirements, so check your city's code before serving a notice. Coronado has no local rent-control or just-cause ordinance as of October 2026, based on a review of its code's contents.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Frequently asked questions

Does a California landlord have to give a chance to fix a lease violation?

Where the just-cause law applies, yes for a curable violation: Civil Code § 1946.2(c) requires a notice of the violation with an opportunity to cure under CCP § 1161(3) before a three-day notice to quit without cure. The § 1161(3) notice itself also asks the tenant to perform the term or give up possession. For waste, nuisance or unlawful use, § 1161(4) allows a notice to quit with no cure period. Assigning or subletting against the lease is named in both § 1161(3) and § 1161(4), so ask counsel which applies.

How many days does a notice to cure give the tenant?

Three days, excluding Saturdays, Sundays and other judicial holidays (CCP § 1161(3)). Under the general rule in CCP § 12, the day of service is not counted. The notice period calculator does the counting.

Is a written warning before a notice required?

The statutes on this page do not require an informal warning first, but it is a common and sensible step. Civil Code § 1940.2(c) confirms that a good-faith warning about lease, rule or law violations is not unlawful harassment. In a covered tenancy, the formal cure notice under § 1161(3) is still required before a notice to quit for a curable breach.

Can I give a notice for a violation right after the tenant asked for repairs?

Be careful. For 180 days after a good-faith repair request or agency complaint, Civil Code § 1942.5(a) bars retaliatory action against a tenant who is not behind on rent. You may still act if the notice states your good-faith ground, but you must prove it if the tenant disputes it (§ 1942.5(g)). Get legal advice before serving in that window.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

Sources

Verified October 19, 2026.

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