Free California 3-Day Notice to Pay Rent or Quit

A California 3-Day Notice to Pay Rent or Quit is the statutorily-mandated written notice a landlord must serve on a tenant before filing an unlawful detainer (eviction) for nonpayment of rent. The notice is governed by Cal. Civ. Proc. Code § 1161(2), with service rules at § 1162 and the 5-day mail extension at § 1013. The June 2025 California Court of Appeal decision in Eshagian v. Cepeda (Case No. B340941) tightened the notice-content requirements: a compliant notice must explicitly state when the 3-day period begins, when it ends, that weekends and judicial holidays are excluded, and the consequences of nonpayment. The form on this page produces an Eshagian-compliant notice; the rest of this guide walks through the statutory framework, the Eshagian disclosures, the service rules, and the mistakes that void notices.

▶ Watch: California 3-Day Pay-or-Quit Notice explained

What this notice does

The 3-Day Notice to Pay Rent or Quit is the statutorily-required written notice a California landlord must serve on a tenant who has failed to pay rent when due. It is the procedural prerequisite to filing an unlawful detainer (UD) action under Cal. Civ. Proc. Code § 1161(2). Without a properly-drafted, properly-served 3-day notice, no California court will entertain an eviction lawsuit for nonpayment of rent.

The notice does three things in one document.

First, it demands the past-due rent. The amount must be precise to the cent. Late fees, utilities, repair charges, and other non-rent items cannot be included in the demand. A notice that overstates the amount owed — even by a small amount — is a defect that can void the entire unlawful detainer.

Second, it gives the tenant a 3-day cure period. The tenant has 3 days (excluding Saturdays, Sundays, and judicial holidays) to either pay the full amount demanded or vacate the property. Mail service adds 5 days under Cal. Civ. Proc. Code § 1013. The notice is the statutory cure opportunity; if the tenant pays in full within the period, the default is cured and the tenancy continues unless the lease provides otherwise.

Third, it provides the Eshagian-required disclosures. Following the June 2025 California Court of Appeal decision in Eshagian v. Cepeda, the notice must explicitly state when the 3-day period begins, when it ends, that weekends and judicial holidays are excluded from the count, and the consequences of nonpayment (loss of possession, filing of unlawful detainer). A notice missing any of these elements may be deemed defective.

The cost of getting this notice wrong is significant. A defective 3-day notice forces the landlord to start over — new notice, new 3-day period, new filing fees, additional weeks of lost rent. The form on this page handles all four Eshagian disclosures and the demand mechanics correctly.

California legal framework

The 3-day pay-or-quit notice is governed by a layered statutory framework. The core statute is Cal. Civ. Proc. Code § 1161(2), which authorizes a landlord to terminate a tenancy for nonpayment of rent through service of a 3-day notice demanding payment or possession.

Service rules are at Cal. Civ. Proc. Code § 1162, which authorizes three statutory methods: personal delivery to the tenant, substituted service on a person of suitable age at the rental with a copy mailed, or post-and-mail (posting in a conspicuous place at the rental and mailing a copy). Email, text message, and social media are not statutory service methods.

The mail extension at Cal. Civ. Proc. Code § 1013 adds 5 days to any notice served by mail. A 3-day notice mailed to a California tenant effectively gives the tenant 8 calendar days (3 plus 5), but with the weekend and holiday exclusion still applied to the 3-day portion.

Notice of default in lieu of forfeiture at Cal. Civ. Proc. Code § 1161.1 governs the precise demand language and clarifies that the demand must be for past-due rent only.

The just-cause overlay at Civil Code § 1946.2 (AB 1482, the Tenant Protection Act of 2019) applies to most California rentals after the first 12 months of tenancy and requires the landlord to have just cause for any termination. Nonpayment of rent qualifies as just cause, but AB 1482 covered notices must include a specific just-cause notice provision.

Local rent control ordinances may layer additional requirements. San Francisco, Los Angeles, Berkeley, Oakland, San Jose, and Santa Monica all have local rent boards with their own notice requirements, just-cause categories, and procedural overlays. Verify with the local rent board before relying solely on state law.

One operational rule binds all of this together: the notice must precisely match the statute. California courts strictly construe pay-or-quit notices because they are the procedural foundation for a tenant’s loss of possession. Defects that might be excused in other contexts — minor mistakes in dates, slight overstatements in amounts, ambiguous service method — void the notice and restart the clock.

Eshagian v. Cepeda compliance

Eshagian v. Cepeda (Case No. B340941, Cal. Ct. App. June 2025) sent a clear message to the California landlord community: a 3-day notice to pay rent or quit must contain four explicit disclosures, and a notice missing any of them may be deemed defective.

The case background. The landlord served a 3-day notice demanding $8,000 in past-due rent. On its face, the notice looked like a standard form — the amount was correct, the parties were correctly identified, the property was identified. But the notice did not expressly state when the 3-day period started, when it ended, that weekends and judicial holidays were excluded from the count, or what would happen if the tenant did not pay. The Court of Appeal held that this lack of clarity rendered the notice defective: an ordinary tenant could not read the notice and know exactly what the deadline was.

The four Eshagian disclosures. A compliant California 3-day notice must expressly state:

1. The date the 3-day period begins. This is the day after service for personal service, or the date determined by the mail-extension rule for mailed notices.
2. The date the 3-day period ends. This is the date by which the tenant must have paid in full or vacated. Computing this date requires excluding weekends and judicial holidays from the count.
3. That weekends and judicial holidays are excluded from the 3-day count. The tenant must be expressly told that the 3 days are business days, not calendar days.
4. The consequences of nonpayment. The notice must state that failure to pay or vacate by the deadline will result in loss of possession and filing of an unlawful detainer action.

What this means in practice. Pre-Eshagian boilerplate 3-day notices that say “you have 3 days to pay or quit” without computing the actual dates and stating the holiday exclusion are now defective. Every California 3-day notice should be drafted as of the date of service with the actual dates computed and the exclusion language included. The form on this page does this automatically — enter the date of service, and the form computes the start date, end date, and includes the required Eshagian disclosures.

Pre-Eshagian notices. Any pending or recently-served notice that does not contain the four disclosures should be reissued. The cost of reserving is minor compared to the cost of having the unlawful detainer dismissed for a defective notice.

Counting the 3-day period

The 3-day period under Cal. Civ. Proc. Code § 1161(2) is computed in business days, not calendar days. Saturdays, Sundays, and California judicial holidays are excluded from the count.

California judicial holidays for 2026 (per California Rules of Court, rule 1.10) include New Year’s Day (January 1), Martin Luther King Jr. Day (third Monday of January), Lincoln’s Birthday (February 12, observed), Presidents’ Day (third Monday of February), Memorial Day (last Monday of May), Independence Day (July 4), Labor Day (first Monday of September), Veterans Day (November 11), Thanksgiving Day (fourth Thursday of November), Day after Thanksgiving (fourth Friday of November), and Christmas Day (December 25). When a holiday falls on a Saturday or Sunday, the observation date determines the exclusion.

Worked example. A 3-day notice served by personal delivery on Tuesday of a normal week (no holiday) starts the 3-day period on Wednesday and ends on Friday. The tenant must pay or vacate by end of Friday.

Worked example with weekend. A 3-day notice served by personal delivery on Friday starts the 3-day period on Monday (Saturday and Sunday excluded), and ends on Wednesday. The tenant must pay or vacate by end of Wednesday.

Worked example with mail service. A 3-day notice served by mail on Tuesday adds 5 days under CCP § 1013. The notice is deemed served on the following Tuesday (5 calendar days later), and the 3-day period then runs from Wednesday through Friday excluding any weekends and holidays in between.

Cushion as best practice. Many California landlord-tenant attorneys recommend giving a few extra days of cushion beyond the statutory minimum. A 5-day notice served personally with the actual deadline computed correctly is enforceable as a 3-day notice (the extra days work in the tenant’s favor and create no procedural defect). The cushion provides protection against any miscount or holiday-list error.

Pay-or-quit notice form

Complete the form below to generate an Eshagian-compliant California 3-Day Notice to Pay Rent or Quit. The form computes the start date, end date, and includes the required holiday-exclusion and consequences disclosures. Serve in accordance with CCP § 1162. If served by mail, the 5-day extension under CCP § 1013 applies.

Service rules

Cal. Civ. Proc. Code § 1162 authorizes three methods of service for a 3-day pay-or-quit notice. Email, text message, social media, and verbal notification are not statutory methods and do not satisfy the rule.

Personal delivery

The cleanest method. The notice is handed directly to the tenant. The 3-day period begins the day after personal delivery. No mail extension applies. Best practice: have a witness present, document the time and date, and complete a Proof of Service immediately.

Substituted service

If the tenant cannot be located after reasonable effort, the notice may be left with a person of suitable age and discretion at the tenant’s residence (or at the tenant’s usual place of business if known), with a copy mailed to the tenant at the rental. The 5-day mail extension under CCP § 1013 applies. Document the name, age, and relationship of the person served, and the mailing date.

Post-and-mail

If the tenant cannot be located and no person of suitable age is available, the notice may be posted in a conspicuous place at the rental property and a copy mailed to the tenant. Photographs of the posting (with date stamp) provide essential evidence. The 5-day mail extension applies.

Proof of service

A Proof of Service of Notice must be completed by the person who served the notice (not the landlord, if the landlord did not personally serve). The proof states the date, time, location, method, and recipient (or substituted recipient) of service. The original signed proof is filed with the unlawful detainer complaint as an exhibit. Form POS-040 (Judicial Council form) or any equivalent California-compliant form is acceptable.

Documentation retention

Retain the signed original notice, the proof of service, and any photographs of posting (if applicable) for at least four years — the California civil statute of limitations. If the unlawful detainer is filed, the notice and proof become court exhibits. If the tenant pays before the deadline, the documentation supports the cure record.

AB 1482 just-cause overlay

The Tenant Protection Act of 2019 (AB 1482), codified at Civil Code § 1946.2, requires “just cause” for any termination of a covered residential tenancy after the first 12 months. Nonpayment of rent qualifies as just cause, so the 3-day pay-or-quit notice remains the operative procedural mechanism for nonpayment-based terminations even in covered tenancies.

Coverage scope. AB 1482 applies to most California residential rentals, with key exemptions:

• Single-family homes and condos owned by an individual (not a corporation, REIT, or LLC with a corporate member), provided the lease contains a specific exemption notice
• New construction certified for occupancy within the last 15 years (rolling cutoff)
• Owner-occupied duplexes, triplexes, and fourplexes
• Deed-restricted affordable housing
• Certain government-subsidized housing
• Hotels, motels, dormitories, and short-term rentals (under 30 days)

Just-cause categories. AB 1482 distinguishes “at-fault” just causes (nonpayment, lease violation, criminal activity, refusal to renew with reasonable terms) from “no-fault” just causes (owner move-in, withdrawal from rental market, government order, substantial rehabilitation). Nonpayment is at-fault.

Notice content for AB 1482-covered units. A 3-day pay-or-quit for a covered tenancy must include the AB 1482 just-cause notice provision — specific language identifying the just-cause basis (here, nonpayment of rent under Civ Code § 1946.2(b)(1)(A)) and informing the tenant of any rights under the law. The form on this page includes this provision when the AB 1482 status field is set to “Covered.”

Notice content for AB 1482-exempt units. A 3-day pay-or-quit for an exempt unit may rely solely on the CCP § 1161(2) framework without the AB 1482 just-cause provision. However, if the unit relies on the single-family exemption, the lease itself should already contain the AB 1482 exemption notice; absence of that notice may strip the exemption.

Local rent control interaction. Cities with local rent control ordinances (San Francisco, Los Angeles, Berkeley, Oakland, etc.) layer additional just-cause categories and procedural requirements on top of AB 1482. Always verify with the local rent board for covered units.

Common mistakes that void the notice

Overstating the amount demanded

The number-one defect. Including late fees, utilities, repair charges, or any non-rent items in the demand voids the notice. The demand must be for past-due rent only, precise to the cent. If the tenant pays the rent portion but not the late fees, the rent portion cures the default; late fees are pursued separately.

Missing the Eshagian disclosures

Post-June-2025, a 3-day notice must expressly state the start date, end date, weekend/holiday exclusion, and consequences of nonpayment. Boilerplate notices that simply say “you have 3 days to pay or quit” without computing the actual dates and including the holiday-exclusion language may be deemed defective under Eshagian v. Cepeda.

Miscounting the 3-day period

The 3 days exclude Saturdays, Sundays, and judicial holidays. Treating them as calendar days produces a defective notice. A 3-day notice served on Friday, with the deadline calculated for Monday, is short by one business day — the correct deadline is Wednesday.

Forgetting the mail-service extension

Mail service adds 5 days under CCP § 1013. Filing an unlawful detainer based on a mailed 3-day notice without the 5-day add-on results in the UD being dismissed for filing too early.

Accepting partial payment after service

Accepting any portion of the rent demanded after serving the 3-day notice may waive the notice and require a fresh 3-day notice for the remaining balance. California courts have repeatedly voided unlawful detainers on this basis. Best practice: do not accept any payment during the notice period unless it is the full demanded amount.

Using a non-statutory service method

Email, text, social media, and verbal notification do not satisfy CCP § 1162. Personal delivery, substituted service, or post-and-mail are the only authorized methods. Email may supplement but does not substitute.

Forgetting the AB 1482 just-cause provision

For AB 1482-covered tenancies, the 3-day notice must include the just-cause notice provision identifying the basis (nonpayment under Civ Code § 1946.2(b)(1)(A)). Omitting this provision in a covered tenancy can void the notice and the subsequent unlawful detainer.

Filing the unlawful detainer one day early

Computing the 3-day deadline correctly but filing the UD one day before it expires defeats the entire action. The court will dismiss without prejudice, but the landlord must restart with a fresh notice and lose another 3-5 weeks. Wait until the day AFTER the deadline expires to file.

Inconsistent landlord/agent identification

The notice must identify the landlord (or authorized agent) consistently with the lease and the unlawful detainer caption. A notice signed by “John Smith” when the lease lists “Smith Properties LLC” creates a chain-of-title defect that experienced tenant attorneys exploit.

Wrong tenant names

The notice must name all tenants on the lease. Omitting a co-tenant means the unlawful detainer cannot proceed against that co-tenant, and the property may be subject to a “tenant in common” defense. List every adult tenant exactly as they appear on the lease.

Tenant rights and remedies

California tenants served with a 3-day pay-or-quit notice have significant statutory and common-law rights. Understanding these helps landlords appreciate why procedural precision matters.

Right to cure by paying in full

If the tenant pays the full amount demanded within the 3-day period (plus mail extension if applicable), the default is cured and the tenancy continues. The landlord cannot refuse a timely full payment.

Right to challenge an overstated demand

If the demand includes late fees, utilities, or non-rent charges, the tenant can refuse to pay the unlawful portion and defend the unlawful detainer on the basis that the notice was defective. California courts strictly construe pay-or-quit notices in favor of the tenant.

Right to challenge a defective Eshagian-disclosure notice

Under Eshagian v. Cepeda, a notice missing the explicit start date, end date, holiday-exclusion, or consequences disclosures may be deemed defective. The tenant can raise this as an affirmative defense to the unlawful detainer.

Right to request a stay of execution

After judgment in an unlawful detainer, the tenant may apply for a stay of execution under Cal. Civ. Proc. Code § 1176. Courts have discretion to grant up to 40 days for the tenant to vacate, particularly in cases involving children, elderly tenants, or hardship. The landlord can oppose; the court weighs factors including likelihood of payment and prejudice to the landlord.

Right to redeem before judgment

The tenant retains the right to pay the full amount due (including accrued attorney’s fees if the lease provides) any time before judgment is entered. Once paid in full, the tenant is entitled to retain possession.

Right to defend on AB 1482 just-cause grounds

For covered tenancies, the tenant can challenge the unlawful detainer if the notice failed to include the AB 1482 just-cause provision or if the alleged just cause is pretextual. Pretextual claims (e.g., a landlord who fabricates rent owed to mask a retaliatory eviction) are independently actionable.

Right to anti-retaliation protection

Cal. Civ. Code § 1942.5 prohibits retaliatory eviction. A 3-day notice issued in response to a tenant’s habitability complaint, code-enforcement contact, tenant union activity, or complaint to the local rent board is presumptively retaliatory and gives the tenant a defense to the unlawful detainer plus a private right of action for damages.

Right to fair housing protection

The federal Fair Housing Act (42 U.S.C. § 3601 et seq.) and California’s Fair Employment and Housing Act prohibit eviction decisions based on race, religion, national origin, familial status, disability, source of income (in California), or other protected characteristics. Pretextual rent demands targeting protected-class tenants give rise to fair-housing claims with statutory damages and attorney’s fees.

Right to right to counsel (in some cities)

San Francisco, Los Angeles, and several other California cities have enacted right-to-counsel ordinances providing free legal representation for low-income tenants facing eviction. Tenants in covered cities have access to attorneys who routinely identify procedural defects in pay-or-quit notices.

Bottom line for landlords. The cost of compliance is small — precise demand, Eshagian disclosures, correct service, no partial payment, accurate notice period. The cost of getting it wrong is a dismissed unlawful detainer, additional weeks of lost rent, attorney’s fees, and (in retaliation/fair-housing cases) statutory damages.

California statute reference table

Local rent control ordinances (San Francisco, Los Angeles, Berkeley, Oakland, San Jose, Santa Monica, etc.) layer additional notice and procedural requirements on top of state law. Always verify with the local rent board before relying solely on state-level requirements.

Frequently asked questions

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This form and the accompanying guidance are provided for general informational purposes only and do not constitute legal advice. California unlawful detainer law is technical and outcomes are heavily fact-dependent. The Eshagian v. Cepeda decision and AB 1482 framework continue to evolve in California appellate courts. Always verify current requirements with California statutes as currently in effect, the applicable local rent board (if any), and a qualified California landlord-tenant attorney before relying on this notice in any contested eviction. Review California eviction notice laws.