Cure or Quit Notices for California Tenants: Your Rights

If you’re renting in California and receive a notice from your landlord about a lease violation, it’s important to understand what a “Cure or Quit” notice means. This notice gives you a clear choice: correct (or “cure”) the problem stated in the notice, or move out (“quit”) within a set number of days. California’s tenant laws strictly govern how these notices work, what rights you have, and what steps you must follow to protect your housing.

What Is a Cure or Quit Notice?

A Cure or Quit Notice is a formal written notice from your landlord stating that you have allegedly violated the lease—for example, having unauthorized pets, making too much noise, or not paying a portion of rent. The notice will specify the problem and give you a deadline (usually 3 days) to fix it or leave the rental unit.
California law (see California Code of Civil Procedure Section 1161) requires landlords to follow this process before they can start an eviction for certain violations.

When Are Cure or Quit Notices Used?

• Violation of lease rules (e.g., unauthorized occupants)
• Unauthorized pets on the property
• Property damage caused by the tenant
• Other curable (fixable) breaches of the rental agreement

For nonpayment of rent, a separate "3-Day Notice to Pay Rent or Quit" is used.

What Must a Cure or Quit Notice Include?

California law requires the notice to:

• Be in writing and properly served (hand-delivered, posted, or mailed as per the law)
• Clearly describe the alleged lease violation(s)
• State what you must do to fix the issue (“cure”)
• Give you at least 3 calendar days to comply or move out
• Be formally addressed to all named tenants

If the issue is not corrected within the given time, the landlord can file for eviction (Unlawful Detainer action) in court.

Official Forms and Steps for California Tenants

While there is no universal statewide form for a Cure or Quit Notice, landlords and tenants in California often refer to templates provided by county courts or the California Courts Self-Help website. For court proceedings, the key official form is:

• Unlawful Detainer (Eviction) - Summons (Form SUM-130)
  Used when a landlord files for eviction after the notice period. Tenants receive this form if the case goes to court.
  See: Summons – Unlawful Detainer (SUM-130)
• If you want to respond to an eviction lawsuit: Answer–Unlawful Detainer (Form UD-105)
  File this form with the court to state your side if the landlord starts legal proceedings.
  See: Answer–Unlawful Detainer (UD-105)

For further guidance and downloads, visit the California Courts Eviction Self-Help page.

What Should Tenants Do After Receiving a Cure or Quit Notice?

Here’s what you can do if you receive this type of notice:

• Read the notice carefully and note the deadline
• Fix the stated problem (if possible), save any receipts or proof
• Communicate in writing with your landlord about the steps you took
• Document everything—take photos or keep records for your protection
• If you disagree or have already cured the problem, respond to the landlord in writing
• If you get court papers (Summons and Complaint), respond promptly using the correct court form (UD-105)

California tenant protections also apply to many renters; see updated details on the State of California Department of Housing and Community Development website.

Which Tribunal Handles Tenant Evictions in California?

The Superior Court of California (County level) handles unlawful detainer (eviction) cases. Tenants respond in the local Superior Court if formal litigation is filed by the landlord.

Key Legislation for California Tenants

• California Code of Civil Procedure Sections 1161–1179a govern evictions, including notice requirements.
• California Civil Code Section 1946.2 (Tenant Protections Act)

FAQ: California Cure or Quit Notices

1. How many days do I get to fix the problem after a Cure or Quit Notice?
   California law requires at least 3 calendar days for most lease violations that can be fixed ("cured").
2. Can my landlord evict me immediately after sending a notice?
   No. The landlord must wait until the notice period ends and file a court case. You will be served with official court papers and have a chance to respond.
3. What if I fix the problem before the deadline?
   If you cure the violation within the notice period, your landlord cannot proceed with eviction based on that issue. Always keep proof that you fixed it.
4. What should I do if the notice or court documents feel confusing?
   Reach out to a legal aid organization or self-help center. These resources are free and trained to help renters with eviction issues.

Key Takeaways for California Renters

• A Cure or Quit Notice gives you a short window (often 3 days) to fix a problem or risk eviction proceedings.
• Always respond in writing and keep proof if you resolve the issue.
• California’s courts and legal aid services can help you understand and protect your rights.

Promptly reviewing, acting on, and tracking all landlord communications increases your chances of keeping your housing.

Need Help? Resources for Renters

• California Department of Housing and Community Development: Tenant and Eviction Resources
• California Courts Self-Help: Eviction
• Legal Aid Locator for California Tenants (LawHelpCA.org)
• Contact the civil clerk’s office at your county Superior Court for forms and filing help (see the Find My Court tool).

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1. California Code of Civil Procedure Section 1161 – Cure or Quit Notice legal requirements
2. California Department of Housing and Community Development: Eviction Information
3. California Courts Self-Help: Eviction Process
4. California Code of Civil Procedure Sections 1161–1179a
5. Unlawful Detainer (Eviction) – Summons (SUM-130)
6. Answer–Unlawful Detainer (UD-105)

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