California 3-Day Notice to Cure or Quit
Generate a legally compliant notice for lease violations (CCP § 1161(3))
⚠️ Important: This notice is for lease violations OTHER than nonpayment of rent. Tenant has 3 days to fix the problem or vacate. Be very specific about the violation and what must be done to cure it.
Tenant Information
Violation Details
💡 Writing Tip: Be extremely detailed and specific. Include dates, times, descriptions, and exactly what the tenant must do. Vague notices can be challenged in court.
Landlord/Agent Information
⚠️ Service Requirement: You must serve this notice properly (personal delivery, substitute service, or posting and mailing). The 3-day period starts the day AFTER service (excluding weekends and court holidays). Keep proof of service!
California 3-Day Notice to Cure or Quit Requirements
⚠️ Legal Notice: This form provides a template for informational purposes only and does not constitute legal advice. California eviction law is complex. Consult with a qualified attorney to ensure compliance with all current laws.
What is a 3-Day Notice to Cure or Quit?
A 3-Day Notice to Cure or Quit (also called “Notice to Perform Covenant or Quit”) is required under California Code of Civil Procedure § 1161(3) before a landlord can file an eviction lawsuit for lease violations OTHER than nonpayment of rent. It gives the tenant three days to either fix the violation or move out.
When to Use This Notice
Use for CURABLE violations such as:
- Unauthorized Occupants: Extra people living in unit without permission
- Pet Violations: Having pets when lease says no pets (or wrong type/size of pet)
- Noise Violations: Repeated excessive noise complaints
- Parking Violations: Parking in wrong spots, too many vehicles, etc.
- Unauthorized Subletting: Subletting without landlord permission
- Business Use: Running business from residential unit without permission
- Property Alterations: Making unauthorized changes to property
- Storage Violations: Storing prohibited items
- Smoking Violations: Smoking when lease prohibits it
When NOT to Use This Notice (Use Different Form)
- Nonpayment of Rent: Use 3-Day Notice to Pay Rent or Quit
- Illegal Activity: May use 3-Day Unconditional Quit Notice for serious crimes
- Waste or Nuisance: May use 3-Day Unconditional Quit if severe
- No-Cause Termination: Use 30/60/90-Day Notice (depending on tenancy length)
- Non-Curable Violations: Some violations cannot be “cured” and require different notice
What Makes a Violation “Curable”?
A violation is curable if the tenant can reasonably fix it within 3 days:
- CAN be cured: Remove unauthorized pet, remove unauthorized occupant, stop excessive noise, move improperly parked car
- CANNOT be cured: Serious property damage already done, illegal drug manufacturing, assault on neighbors, repeated violations of same issue
Critical Requirements (CCP § 1161(3))
- Specific Description: Must clearly describe the exact violation in detail
- Lease Reference: Must cite the specific lease clause or section violated
- Cure Instructions: Must state exactly what tenant needs to do to cure
- Three-Day Period: Tenant has 3 days to cure or vacate (excluding weekends/holidays)
- Proper Service: Must be served according to CCP § 1162
- Cannot Combine: Cannot combine with rent demands or other issues
How to Calculate the 3-Day Period
Same as Pay or Quit notice – the 3 days do NOT include:
- The day the notice is served
- Saturdays
- Sundays
- Court holidays
Example: Serve notice on Monday → 3 days are Tuesday, Wednesday, Thursday → Tenant must cure or vacate by end of day Thursday.
Writing an Effective Violation Description
❌ BAD (Too Vague):
“Tenant is violating the lease by having too many people living there.”
✅ GOOD (Specific):
“On December 10, 2024, landlord observed four adults and two children residing in the unit. Lease Section 8 limits occupancy to ‘Lessee, Lessee’s spouse, and two minor children only.’ The following unauthorized occupants have been observed: John Smith (adult male, observed December 10, 12, 14), Mary Johnson (adult female, observed December 10, 11, 13, 14), and an unidentified male adult (observed December 12, 14). These individuals have been seen entering and exiting with keys, bringing in personal belongings, and receiving mail at the premises.”
❌ BAD (Not Specific on Cure):
“Remove the unauthorized people.”
✅ GOOD (Specific on Cure):
“All unauthorized occupants (John Smith, Mary Johnson, and the unidentified male) must permanently vacate the premises within 3 days. Only the named tenants on the lease (Jane Doe and her two minor children) may reside in the unit. Tenant must provide written confirmation within 3 days that all unauthorized occupants have been removed and will not return.”
Common Violations by Category
Pet Violations
Must specify:
- Type, size, and description of pet
- Dates pet was observed
- Specific lease clause prohibiting pets
- That pet must be permanently removed
Unauthorized Occupants
Must specify:
- Names or descriptions of unauthorized persons
- Evidence they are living there (not just visiting)
- Dates observed
- Lease occupancy limit clause
- That persons must permanently move out
Noise Violations
Must specify:
- Dates and times of noise disturbances
- Type of noise (loud music, parties, etc.)
- Complaints from other tenants (if any)
- Lease quiet enjoyment clause
- That noise violations must stop immediately
Proper Service Methods (CCP § 1162)
Personal Service (Preferred):
- Hand notice directly to tenant
- Any adult can serve (landlord, manager, process server, friend)
- Get proof of service signed immediately
Substitute Service:
- If tenant not home after reasonable attempts
- Give to another adult at residence
- PLUS mail a copy to tenant
- 3-day period starts day after mailing
Posting and Mailing (Last Resort):
- If no one home and substituted service not possible
- Post in conspicuous place (front door) AND mail copy
- 3-day period starts day after mailing
What Happens After the 3-Day Period
If Tenant Cures the Violation:
- Violation is resolved
- Tenancy continues normally
- Cannot proceed with eviction for this violation
- IMPORTANT: If same violation happens again within 6 months, you can serve 3-Day Unconditional Quit (no cure option)
If Tenant Vacates:
- Inspect property for damages
- Handle security deposit per California law (21 days)
- Tenancy is terminated
If Tenant Does Neither:
- Wait until 3-day period expires
- File Unlawful Detainer lawsuit
- Serve Summons and Complaint
- Attend court hearings
- Obtain judgment and writ of possession
- Sheriff performs eviction (NO self-help!)
Critical Mistakes to Avoid
⚠️ These mistakes can invalidate your notice:
- Too Vague: Not describing violation with enough detail
- Wrong Form: Using Cure or Quit for rent (should use Pay or Quit)
- No Lease Citation: Failing to cite specific lease clause violated
- Unclear Cure: Not specifying exactly what tenant must do
- Combining Issues: Trying to include rent and violations in same notice
- Accepting Cure After Filing: Once you file eviction, tenant usually cannot cure anymore
- Improper Service: Not following service requirements exactly
- Self-Help Eviction: Changing locks, shutting utilities – ILLEGAL
Repeat Violations – Important Rule
Under California law, if a tenant violates the same lease term within 6 months after being given a Cure or Quit notice:
- You can serve a 3-Day Unconditional Quit Notice
- Tenant does NOT get another chance to cure
- Tenant must move out – no cure option
- Keep good records of all violations and notices
Special Situations
Rent Control Cities
Cities like LA, SF, Oakland, Berkeley may require:
- Additional notices to rent board
- Just cause for eviction even for violations
- Relocation assistance in some cases
- Check local ordinances before serving
Subsidized Housing
Section 8 and other subsidized housing have additional federal requirements. Notify housing authority and follow HUD guidelines.
Documented Evidence is Critical
Always gather evidence of the violation:
- Photos with dates
- Videos if applicable
- Written complaints from neighbors
- Police reports if involved
- Copies of any warnings you gave tenant
- Dates and times of observations
You may need this evidence in court if tenant contests the eviction.
After Serving the Notice
- Days 1-3: Tenant has opportunity to cure or vacate
- Day 4: Earliest you can file eviction (if not cured)
- Before Filing: Verify violation was NOT cured
- Document Everything: Take photos showing violation still exists
- Never: Use self-help eviction tactics
Difference from Pay or Quit Notice
| Feature | Pay or Quit | Cure or Quit |
|---|---|---|
| Used For | Nonpayment of rent only | Other lease violations |
| What Tenant Does | Pay exact amount owed | Fix the violation |
| Must Be Specific About | Dollar amount | Exact violation & cure steps |
| Lease Reference | Not required | Required – must cite clause |
| Evidence Needed | Rent ledger | Photos, witnesses, documentation |
Resources
- California Code of Civil Procedure § 1161(3)
- California Courts Self-Help: www.courts.ca.gov/selfhelp-eviction.htm
- Local rent control board (if applicable)
- California Apartment Association
- Landlord-Tenant Attorney for complex situations
⚠️ Disclaimer: This notice template is for informational purposes only and does not constitute legal advice. California eviction law is complex and varies by city. Errors in eviction notices can result in dismissal of your case and liability for wrongful eviction. You must properly describe the violation and what constitutes a cure. If tenant cures within 3 days, you cannot proceed with eviction for that violation. Repeat violations of the same lease term within 6 months may allow you to serve an Unconditional Quit notice. Self-help evictions are illegal. Always consult with a qualified California attorney before proceeding with an eviction.
