Cal. Civ. Code § 1951.3
California Civil Code
Operative Text
(a) This section applies to real property other than commercial real property, as defined in subdivision (d) of Section 1954.26. (b) Real property shall be deemed abandoned by the lessee, within the meaning of Section 1951.2, and the lease shall terminate if the lessor gives written notice of belief of abandonment as provided in this section and the lessee fails to give the lessor written notice, prior to the date of termination specified in the lessor’s notice, stating that the lessee does not intend to abandon the real property and stating an address at which the lessee may be served by certified mail in any action for unlawful detainer of the real property. (c) The lessor may give a notice of belief of abandonment to the lessee pursuant to this section only where the rent on the property has been due and unpaid for at least 14 consecutive days and the lessor reasonably believes that the lessee has abandoned the property. The date of termination of the lease shall be specified in the lessor’s notice and shall be not less than 15 days after the notice is served personally or, if mailed, not less than 18 days after the notice is deposited in the mail. (d) The lessor’s notice of belief of abandonment shall be personally delivered to the lessee or sent by first-class mail, postage prepaid, to the lessee at the lessee’s last known address and, if there is reason to believe that the notice sent to that address will not be received by the lessee, also to any other address known to the lessor where the lessee may reasonably be expected to receive the notice. (e) The notice of belief of abandonment shall be in substantially the following form: Notice of Belief of Abandonment To: _____ (Name of lessee/tenant) _____ _____ (Address of lessee/tenant) _____ This notice is given pursuant to Section 1951.3 of the Civil Code concerning the real property leased by you at ________ (state location of the property by address or other sufficient description). The rent on this property has been due and unpaid for 14 consecutive days and the lessor/landlord believes that you have abandoned the property. The real property will be deemed abandoned within the meaning of Section 1951.2 of the Civil Code and your lease will terminate on ________ (here insert a date not less than 15 days after this notice is served personally or, if mailed, not less than 18 days after this notice is deposited in the mail) unless before that date the lessor/landlord receives at the address indicated below a written notice from you stating both of the following: (1) Your intent not to abandon the real property. (2) An address at which you may be served by certified mail in any action for unlawful detainer of the real property. You are required to pay the rent due and unpaid on this real property as required by the lease, and your failure to do so can lead to a court proceeding against you. Dated: _______ _____ (Signature of lessor/landlord) (Type or print name of lessor/landlord) (Address to which lessee/tenant is to send notice) (f) The real property shall not be deemed to be abandoned pursuant to this section if the lessee proves any of the following: (1) At the time the notice of belief of abandonment was given, the rent was not due and unpaid for 14 consecutive days. (2) At the time the notice of belief of abandonment was given, it was not reasonable for the lessor to believe that the lessee had abandoned the real property. The fact that the lessor knew that the lessee left personal property on the real property does not, of itself, justify a finding that the lessor did not reasonably believe that the lessee had abandoned the real property. (3) Before the date specified in the lessor’s notice, the lessee gave written notice to the lessor stating the lessee’s intent not to abandon the real property and stating an address at which the lessee may be served by certified mail in any action for unlawful detainer of the real property. (4) During the period beginning 14 days before the time the notice of belief of abandonment was given and ending on the date the lease would have terminated pursuant to the notice, the lessee paid to the lessor all or a portion of the rent due and unpaid on the real property. (g) Nothing in this section precludes the lessor or the lessee from otherwise proving that the real property has been abandoned by the lessee within the meaning of Section 1951.2. (h) Nothing in this section precludes the lessor from serving a notice requiring the lessee to pay rent or quit as provided in Sections 1161 and 1162 of the Code of Civil Procedure at any time permitted by those sections, or affects the time and manner of giving any other notice required or permitted by law. The giving of the notice provided by this section does not satisfy the requirements of Sections 1161 and 1162 of the Code of Civil Procedure.
Cal. Civ. Code § 1951.3 establishes a notice-based procedure through which a residential lease can be deemed terminated when rent has gone unpaid for at least 14 consecutive days and the landlord reasonably believes the property has been abandoned. The landlord must serve a written "Notice of Belief of Abandonment" giving the tenant at least 15 days (or 18 days if mailed) to respond in writing with an intent to stay and a certified-mail address. If the tenant responds in time, pays any portion of overdue rent during the relevant period, or can show the abandonment belief was unreasonable, the property is not considered abandoned under this section.
Plain English — not legal advice.
Under Cal. Civ. Code § 1951.3, a compliant operator uses the statutory form notice, ensures rent has been unpaid for at least 14 consecutive days before issuing it, and delivers the notice personally or by first-class mail to the tenant's last known address—and any other address where receipt is reasonably expected. Operators track the response deadline carefully, since a timely written reply from the tenant or even a partial rent payment during the covered period defeats the abandonment finding. Note that this notice procedure does not substitute for a pay-or-quit notice under Code of Civil Procedure §§ 1161–1162, so both processes may run in parallel as circumstances warrant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1951.3 gives tenants a clear path to stop a landlord's abandonment claim: before the termination date stated in the notice, send the landlord a written statement of your intent to keep the property and include an address where you can be served by certified mail. Paying any portion of the overdue rent during the relevant period is also recognized as a defense against an abandonment finding under this section. Tenants who believe a notice was improperly issued—for example, because rent was not actually 14 days overdue—can raise that as a defense in any resulting proceeding, and tenant-rights organizations can help identify available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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