If you own a residential or commercial rental in California and a tenant has broken a lease covenant other than paying rent, you have a faster eviction path than most landlords realize. Breach of lease eviction in California is governed by Code of Civil Procedure § 1161(3) and runs on a three-day notice to perform covenants or quit. The notice gives the tenant a chance to cure the breach within three court days. If they do not cure, the unlawful detainer can be filed on day four. Borna Houman Law represents property owners across Los Angeles County, with priority service to landlords in Beverly Hills, Santa Monica, Brentwood, West Hollywood, and the Westside.
Key Takeaway: A California landlord can evict a tenant for breach of a lease covenant (unauthorized pet, unauthorized occupant, illegal use, smoking violation, unauthorized subletting) by serving a three-day notice to perform covenants or quit under CCP § 1161(3). The notice must specify the breach, demand cure within three court days, and reserve the right to file an unlawful detainer if the tenant fails to comply. AB 1482 properties also require a written notice describing the breach as a just-cause ground under Civil Code § 1946.2(b)(1)(C).
What Counts as a Breach of Lease in California?
A breach of lease is any material violation of a written covenant in the lease agreement other than failure to pay rent. Common examples include keeping an unauthorized pet in a no-pet building, allowing unauthorized occupants to live in the unit, using the property for an illegal purpose, smoking in a non-smoking building, unauthorized subletting or assignment, and altering the unit without landlord consent.
The breach must be material. Trivial or technical violations rarely support eviction in front of a Los Angeles Superior Court judge. In our experience representing LA property owners, the strongest breach-of-lease cases combine a documented written lease covenant, photographic or witness evidence of the violation, and a written warning before the formal notice issues.
Curable Versus Incurable Breaches
California distinguishes between breaches the tenant can cure and breaches that cannot be undone. A curable breach (unauthorized pet, unauthorized occupant, late-fee dispute, parking violation) triggers a three-day notice to perform covenants or quit under CCP § 1161(3). An incurable breach (waste, criminal conduct, nuisance, drug activity) triggers a three-day notice to quit under CCP § 1161(4) with no cure right. Picking the wrong notice type sinks the case.
How Do You Serve a Three-Day Notice to Perform Covenants or Quit in California?
California requires statutory service under CCP § 1162 for any eviction notice. The three accepted methods are personal delivery on the tenant, substituted service on a person of suitable age and discretion at the premises plus a copy mailed to the tenant, and post-and-mail (only after reasonable diligence failed to find anyone). The three-day cure period begins the day after service for personal delivery and on the date of mailing for post-and-mail, with the rules in Losornio v. Motta, 67 Cal.App.4th 110 (1998), guiding the calculation.
The notice itself must state the specific covenant breached, identify what the tenant must do to cure, demand cure within three court days, and warn that an unlawful detainer will be filed if the tenant fails to comply. Vague descriptions (“you violated the lease”) get the case thrown out at trial. We draft each notice to identify the lease section, the date and nature of the breach, and the precise corrective action required.
| Notice Type | Statute | When Used | Cure Period |
|---|---|---|---|
| 3-Day Notice to Pay or Quit | CCP § 1161(2) | Nonpayment of rent. | 3 court days to pay. |
| 3-Day Notice to Perform Covenants or Quit | CCP § 1161(3) | Curable breach of lease covenant (unauthorized pet, occupant, parking). | 3 court days to cure. |
| 3-Day Notice to Quit (No Cure) | CCP § 1161(4) | Incurable breach (nuisance, waste, illegal use, drug activity). | None. |
| 30/60/90-Day Notice to Vacate | Civ. Code § 1946.1 | No-fault termination of month-to-month tenancy. | 30, 60, or 90 days depending on tenancy length. |
Does AB 1482 Apply to Breach of Lease Evictions?
Yes for most residential properties. The Tenant Protection Act of 2019 (Civil Code § 1946.2) requires just cause for terminating any covered tenancy after twelve months. Breach of a material lease term is an at-fault just-cause ground under Civil Code § 1946.2(b)(1)(C). The landlord must serve the cure notice under CCP § 1161(3) first, and if the tenant fails to cure, the eviction proceeds on the at-fault ground without relocation assistance.
Exempt properties (single-family homes with proper § 1946.2(e)(8) disclosure, owner-occupied duplexes, properties built within the last 15 years) follow only state notice requirements under CCP § 1161(3) without the just-cause overlay. Properties subject to LARSO, Santa Monica rent control, Beverly Hills rent stabilization, or West Hollywood RSO have additional local procedures that often layer on top of the state notice requirements. The most common mistake we see is landlords serving only the state notice and ignoring the local notice and filing requirements.
The LARSO Layer for Los Angeles Landlords
LARSO requires landlords to file a Notice of Termination of Tenancy with the Los Angeles Housing Department within three business days after serving a notice to terminate. The just-cause grounds in LAMC § 151.09 include breach of a material lease term as ground (A)(2). Filing fees and the LAHD form must be completed accurately or the underlying notice can be invalidated at trial.
What Evidence Do You Need to Prove a Breach of Lease at Trial?
A breach-of-lease unlawful detainer trial in Los Angeles usually runs 30 to 45 minutes per case at the courthouse. The judge expects to see the lease, the notice, proof of service, and clear evidence of the alleged breach. The strongest evidence varies by breach type.
Unauthorized pet cases turn on photographs, neighbor declarations, and any property management entry logs. Unauthorized occupant cases benefit from declarations from neighbors or building staff, mailbox observations, and any documents showing the unauthorized person used the unit as their primary residence. Unauthorized subletting requires evidence of payment to the tenant from a third party and presence of the third party as a regular occupant.
For commercial breaches, we typically gather signage records, business license records, parking lot photographs, and any operating history that demonstrates use beyond the leased premises or in violation of the use clause. Commercial unlawful detainers under CCP § 1161(3) follow the same notice rules but without AB 1482’s just-cause overlay, since AB 1482 applies only to residential property.
How Does a Breach of Lease Eviction Differ From Other California Evictions?
Breach of lease is faster than no-fault termination but slower than nonpayment of rent in most LA County cases. A nonpayment eviction can reach judgment in 30 to 45 days when uncontested. A breach-of-lease eviction adds time for the cure period and often more contested fact issues at trial, pushing the typical timeline to 45 to 60 days uncontested and 90 to 120 days when the tenant answers and demands a jury trial.
Breach of lease is also strategically different from owner move-in or Ellis Act terminations. Both no-fault options require substantial relocation assistance (typically one month’s rent for AB 1482, more for LARSO and Santa Monica). Breach of lease requires no relocation payment because the eviction is at-fault. For more on the no-fault alternatives, see our guides to owner move-in eviction under SB 567 and Ellis Act eviction in California.
What Defenses Do California Tenants Raise to Breach of Lease Evictions?
The most common defenses are improper notice (vague description of breach, wrong number of days, defective service), retaliatory eviction under Civil Code § 1942.5 (the breach allegation followed a habitability complaint), waiver (the landlord accepted rent after learning of the breach), and selective enforcement (other tenants commit the same breach without consequences).
Habitability counterclaims under Civil Code § 1941 and Green v. Superior Court, 10 Cal.3d 616 (1974), are also common. The tenant argues the unit was uninhabitable and the breach was a response to the landlord’s failure to maintain. We respond with maintenance records, inspection reports, and prior tenant complaints (or the absence of them) to defeat the counterclaim.
A clean prosecution beats most of these defenses. The discipline is in the front-end: a tight lease, a careful notice, accurate proof of service, and contemporaneous documentation of the breach.
Frequently Asked Questions About Breach of Lease Eviction in California
Can a California landlord evict for a single lease violation?
Yes if the violation is material. Courts look at whether the covenant was reasonably important to the landlord (unauthorized pet in a no-pet building, illegal use of a residential unit, unauthorized subletting). Trivial or technical violations may be dismissed at trial. Document the breach in writing before serving the formal notice.
How many days does a tenant have to cure a breach of lease in California?
Three court days under CCP § 1161(3). Court days exclude weekends and judicial holidays. The cure period starts the day after personal service and on the date of mailing for post-and-mail service. If the third day falls on a weekend or holiday, the period extends to the next court day under CCP § 12a.
Does AB 1482 require relocation assistance for a breach of lease eviction?
No. At-fault just-cause evictions under Civil Code § 1946.2(b)(1) do not require relocation assistance. Only no-fault grounds under § 1946.2(b)(2) (owner move-in, withdrawal from rental market, demolition, substantial remodel) trigger relocation payment requirements equal to one month’s rent or a direct waiver under § 1946.2(d)(3).
Can a landlord accept rent after serving a three-day notice to perform covenants?
No, accepting rent after the notice expires typically waives the breach and forces re-service. California courts hold that acceptance of post-notice rent ratifies the tenancy as continuing, voiding the prior notice. Salton Community Services Dist. v. Southard, 256 Cal.App.2d 526 (1967), is one of the early cases on the waiver doctrine.
What if the tenant says they cured the breach but the violation continues?
The landlord can still file the unlawful detainer if the cure is incomplete or the breach has continued past the three-day window. Document the continuing breach with dated photographs, witness declarations, and any communication from the tenant. Bring the documentation to the unlawful detainer trial as evidence of ongoing noncompliance.
Can a landlord evict a commercial tenant for breach of lease faster than a residential tenant?
The notice period is the same three court days under CCP § 1161(3), but commercial evictions are not subject to AB 1482, LARSO, Santa Monica rent control, or other residential just-cause regimes. Commercial unlawful detainers often resolve faster because tenants have fewer statutory defenses and rarely qualify for free or reduced-fee legal aid.
Talk to a Los Angeles Landlord Attorney About a Breach of Lease Eviction
If your tenant has breached a lease covenant in Los Angeles County, the right notice and a clean record are what separate a 45-day eviction from a 90-day fight. Borna Houman Law represents landlords from Beverly Hills, Santa Monica, Brentwood, West Hollywood, and across the Westside, and serves property owners throughout LA County including Downtown, Mid-Wilshire, the Valley, and Long Beach. Call (888) 42-BORNA to schedule a confidential consultation. Related landlord resources: our breach of lease and early termination service page, our complete California eviction guide, and our three-day notice to quit guide.
This article is informational only and is not legal advice. Reading it does not create an attorney-client relationship with Borna Houman Law. California eviction law turns on the specific lease language, local jurisdiction, and procedural posture. For advice on your situation, consult a licensed California attorney. Authoritative sources: Cal. Code Civ. Proc. § 1161 and Cal. Civ. Code § 1946.2.
