My current location: Los Angeles, CA | Change location
Featured Legal Services
Simkin & Associates Telephone Consultation Purchase, Sale & Broker Disputes of Residential & Commercial Property.
(310) 788-9089

How Evictions Work: What Renters Need to Know


Landlords can't just lock you out, even if you are behind on rent. They must get a court judgment first.

Your landlord can't evict you without terminating the tenancy first. This usually means giving you adequate written notice, in a specified way and form. If you don't move after proper notice (or reform your ways -- for example, by paying the rent or finding a new home for the dog), the landlord can file a lawsuit to evict you. (This type of lawsuit is sometimes called an unlawful detainer, or UD lawsuit.) In order to win, the landlord must prove that you did something wrong that justifies ending the tenancy.

State laws have very detailed requirements for landlords who want to end a tenancy. Each state has its own procedures as to how termination notices and eviction papers must be written and delivered to you ("served"). Landlords must follow state rules and procedures exactly.

Notice of Termination for Cause

Although terminology varies somewhat from state to state, there are basically three types of termination notices that you might receive if you have violated the rental agreement or lease in some way:

  • Pay Rent or Quit Notices are typically given to you when you have not paid the rent. These notices give you a few days (three to five in most states) to pay the rent or move out ("quit").
  • Cure or Quit Notices are typically given to you if you violate a term or condition of the lease or rental agreement, such as a no-pets clause or the promise to refrain from making excessive noise. Usually, you have a set amount of time in which to correct, or "cure," the violation.
  • Unconditional Quit Notices are the harshest of all. They order you to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only if you have:
    • repeatedly violated a significant lease or rental agreement clause
    • been late with the rent on more than one occasion
    • seriously damaged the premises, or
    • engaged in serious illegal activity, such as drug dealing on the premises.
Copyright 2007 Nolo

Featured Legal Services
Daggenhurst Zakari, APC Offering legal representation to Landlord/Tenant clients in the LOS ANGELES area
(626) 432-5465
Law Offices of Robert Mobasseri, P.C. Boutique firm focusing on real estate matters for sellers, buyers & contractors.
(213) 612-7701
DiJulio Law Group Real Property - Litigation & Transactions for Owners, Developers, Contractors & Buyers.
818-502-1700
Edward C. IP Do you have a real estate contract dispute? If so call an attorney who understands your rights
(626) 228-0638
More Sponsored Services
Legal Documents
Legal Ace.com offers turn key legal documents at affordable prices for business law, incorporations, trademarks, copyrights, wills, divorce and more.
Wills, Divorce, Incorporation & More - Legalzoom:
Fast and friendly legal document service from LegalZoom, the #1 online legal document service
USLegalForms.com - Largest Selection of Legal Forms on The Internet:
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.