General Eviction Notice requirements

An eviction notice is a legal document that terminates a tenancy and tells the tenant to vacate the unit within a specific time frame. The time frame is usually within 3, 10, 30, 60, or 120 days depending on the type of eviction.

Other names:

An eviction notice may go by different names, including:

• Notice to Terminate Tenancy
• Notice to Vacate
• Notice to Quit
• Notice to Cure or Quit
• Notice to Pay Rent or Quit

Some evictions require that the landlord first send the tenant a written warning notice (check the Forms Center for a current copy of Form 1008) that describes the alleged violation and informs the tenant that a failure to correct the violation within 10 days may result in the initiation of eviction proceeding.

However, the 10-day warning period is not required for evictions based on the tenant creating a serious and imminent risk of injury or property damage. The written warning notice is required to precede a formal eviction notice under California Code of Civil Procedure §1161, not replace it, and any additional “cure” period required by State law must be provided in addition to the 10-day warning period.

• To be legally effective, an eviction notice must be served and in writing
• All state laws must be followed when serving the eviction notice
• A specific time frame should be listed (usually within 3, 10, 30, 60, or 120 days)
• The notice must state the "just cause" reason for the eviction, which must be the landlord's dominant motive for the eviction
• A copy of Rent Board Form 1007 must be attached to the eviction notice (check the Forms Center for a current copy of Form 1007)
• A copy of the eviction notice, including any additional documents attached to the notice, must be filed with the Rent Board within ten days following service of the notice on the tenant 
  • This filing requirement does not apply to evictions based on non-payment of rent

Most residential tenants in San Francisco have eviction protections. That means a landlord must have "just cause" to evict.

These "just causes" can include scenarios where a tenant does not pay rent, is a nuisance, or breaches the lease. This is an "at fault" eviction.

This can also include "no fault" evictions where a landlord wishes to move into a unit or wishes to get out of the rental business under the state Ellis Act.

Learn about the 16 just cause reasons to evict a tenant.

Certain evictions require relocation payments. This includes:

• Owner/ relative move-in evictions
• Ellis Act evictions
• Evictions based on sale of a condominium in accordance with a condominium conversion
• Evictions based on demolition/ permanent removal of the unit from housing use
• Evictions based on substantial rehabilitation
• Temporary eviction to perform capital improvement or rehabilitation work
• Temporary eviction to perform lead remediation/ abatement

These evictions also require the lawful rent, at the time the notice is issued, to be listed on the eviction notice itself.

See Form 578 and Form 759 regarding current relocation payment amounts in our Forms Center.

November 2023

Tags: Topic 202