California 3-Day Notice to Pay Rent or Quit

California 3-Day Notice Requirements

What is a 3-Day Notice to Pay Rent or Quit?

A 3-Day Notice to Pay Rent or Quit is a legal notice required under California Code of Civil Procedure § 1161(2) before a landlord can file an unlawful detainer (eviction) lawsuit for nonpayment of rent. It gives the tenant three days to either pay the full amount owed or vacate the property.

Legal Requirements (CCP § 1161)

• Amount Demanded: Must state the exact amount of rent due. You can ONLY demand rent, not late fees, utilities, or damages (unless specified in a written lease)
• Three-Day Period: Tenant has 3 days to pay or vacate (excluding weekends and court holidays)
• Payment Location: Must specify where rent can be paid during normal business hours
• Rent Only: Cannot include late fees, NSF fees, or other charges UNLESS your lease specifically states these are “additional rent”
• Accurate Amount: Demanding even $1 more than owed can invalidate the notice

When to Use This Notice

• Tenant has failed to pay rent when due
• Grace period (if any in lease) has expired
• You want to give tenant one final chance to pay before eviction
• You are prepared to file eviction if tenant doesn’t pay within 3 days

When NOT to Use This Notice

• Rent Control Cities: Check local ordinances first (LA, SF, Oakland, Berkeley, etc. have additional requirements)
• COVID-19 Protections: Some tenant protections may still apply
• Partial Payment: If you accept partial payment, you may waive your right to evict
• Other Violations: For lease violations other than rent, use a 3-Day Notice to Cure or Quit

How to Calculate the 3-Day Period

• The day the notice is served
• Saturdays
• Sundays
• Court holidays (New Year’s Day, MLK Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, Christmas)

Example: If you serve the notice on Monday, the 3 days are Tuesday, Wednesday, Thursday. Tenant must pay or vacate by end of day Thursday.

Proper Service Methods (CCP § 1162)

Personal Service (Preferred):

• Hand the notice directly to the tenant
• Any adult can serve (landlord, property manager, process server, friend)
• Landlord CAN serve their own notice (but process server is better for proof)

Substitute Service:

• If tenant is not home after reasonable attempts at personal service
• Give notice to another adult at the residence
• PLUS mail a copy to the tenant
• 3-day period starts day after mailing

Posting and Mailing (Last Resort):

• If no one is home and substituted service is not possible
• Post the notice in a conspicuous place (front door) AND mail a copy
• 3-day period starts day after mailing

Proof of Service

Complete a Proof of Service form immediately after serving the notice. You will need this if you file an eviction lawsuit. Include:

• Date and time of service
• Method of service (personal, substitute, posting)
• Person who received the notice (if applicable)
• Server’s signature and contact information

What Happens After the 3-Day Period

If Tenant Pays in Full:

• Accept payment (preferably cashier’s check or money order)
• Provide receipt
• Tenancy continues
• Cannot proceed with eviction for this nonpayment

If Tenant Vacates:

• Inspect property
• Handle security deposit per California law (21 days to return/itemize)
• Can still pursue unpaid rent in small claims court

If Tenant Does Neither:

• Wait until 3-day period expires
• File Unlawful Detainer (eviction) lawsuit in court
• Serve tenant with Summons and Complaint
• Attend court hearings
• Obtain judgment and writ of possession
• Sheriff performs eviction (DO NOT attempt self-help eviction)

Critical Mistakes to Avoid

• Wrong Amount: Demanding more than actually owed (even by $1)
• Including Non-Rent: Adding late fees, utilities, or damages (unless lease defines as “additional rent”)
• Improper Service: Not following service requirements exactly
• Wrong Address: Listing wrong payment address or hours
• Accepting Partial Payment: After serving notice, accepting less than full amount can waive your right to evict
• Wrong Form: Using 3-day notice for non-rent violations (should use Cure or Quit)
• Self-Help Eviction: Changing locks, shutting off utilities, or removing tenant’s property is ILLEGAL

Special Considerations

Rent Control Cities

If your property is in a rent-controlled city (Los Angeles, San Francisco, Oakland, Berkeley, West Hollywood, etc.), additional rules apply:

• May require notice to rent board
• May require relocation assistance even for nonpayment
• May have different notice requirements
• Check your city’s rent control ordinance

Subsidized Housing

Section 8 and other subsidized housing have additional federal notice requirements. Consult HUD guidelines.

Mobile Homes

Different rules apply to mobile home park tenancies under the Mobilehome Residency Law (MRL).

After Serving the Notice

• Day 1-3: Tenant has opportunity to pay or vacate
• Day 4: Earliest you can file eviction lawsuit (if rent not paid)
• Day 5+: Continue eviction process through courts
• Never: Use self-help eviction (changing locks, removing belongings, shutting off utilities)

Resources

• California Code of Civil Procedure § 1161-1179a (Unlawful Detainer)
• California Courts Self-Help Center: www.courts.ca.gov/selfhelp-eviction.htm
• California Department of Consumer Affairs – Landlord-Tenant Information
• Local rent control board (if applicable)
• California Apartment Association
• Legal Aid Society (for tenant-side information)