What is a 3 Days to Pay Rent or Quit Notice in California and When Can it be Served?

Updated 11/12/24
Landlords in California have specific legal tools at their disposal to address lease violations or unpaid rent, and one of the most commonly used is the 3 day notice. This document serves as an official warning to tenants, giving them a limited timeframe to resolve an issue or face eviction proceedings. But what exactly is a 3 day notice, what types exist in California, and when can each type be served? Understanding this process is crucial for landlords who want to ensure compliance with state law while effectively managing tenant disputes.

---

Table of Contents

1. What is a 3 Day Notice?
2. Types of 3 Day Notices in California
3. When Can a 3 Day Notice Be Served?
4. Frequently Asked Questions (FAQs)

---

What is a 3 Day Notice?

In California, a 3 day notice is a formal legal document that landlords issue to tenants who have violated the terms of their lease or rental agreement. This notice provides tenants with three calendar days to either address the issue—such as paying overdue rent—or vacate the property. If the tenant does neither, the landlord can proceed with filing an unlawful detainer lawsuit, initiating the eviction process.

A 3 day notice is not an eviction by itself; rather, it is the first step in the eviction process. It is designed to give tenants a chance to correct their behavior or settle their obligations before a court gets involved. However, strict adherence to California law is critical for landlords issuing this notice. Errors in serving or drafting the notice can invalidate it, potentially delaying the resolution of the issue.

---

Types of 3 Day Notices in California

There are three primary types of 3 day notices in California, each tailored to a specific type of lease violation:

3 Day Notice to Pay Rent or Quit

This is the most common type of notice and applies when tenants fail to pay rent on time. The notice informs the tenant that they have three calendar days to pay the overdue rent in full or move out. Importantly, landlords must specify the exact amount owed, including the due date and accepted payment methods. Overstating the amount or including non-rent charges, like late fees, can render the notice invalid.

3 Day Notice to Perform Covenant or Quit

This notice is used when a tenant violates a specific lease term other than rent payment. Examples include keeping unauthorized pets, exceeding the number of allowed occupants, or using the property for prohibited purposes. The notice gives tenants three days to correct the violation (perform the covenant) or vacate. The exact lease provision violated must be clearly outlined in the notice.

3 Day Notice to Quit (Unconditional)

An unconditional notice to quit applies to severe lease violations where no opportunity to remedy is offered. Examples include committing illegal activities on the property, causing significant damage, or creating a dangerous environment for other tenants. In these cases, tenants must vacate the property within three days without the option to correct their behavior.

Each of these notices serves a specific purpose, and choosing the correct one is vital for compliance with California law.

When Can a 3 Day Notice Be Served?

The timing of serving a 3 day notice depends on the specific type and circumstances.

For Nonpayment of Rent

A 3 day notice to pay rent or quit can be served as soon as the rent is late. In California, rent is typically considered late the day after it is due unless the lease provides a grace period. For example, if rent is due on the 1st, the notice can be served on the 2nd unless the lease specifies otherwise.

For Lease Violations

A 3 day notice to perform covenant or quit can be served immediately upon discovering a lease violation. For instance, if a tenant violates a no-pets policy, the landlord can issue the notice as soon as they become aware of the unauthorized pet.

For Severe Violations

An unconditional 3 day notice to quit can be served when a tenant engages in egregious behavior, such as illegal drug activity or severe property damage. In these cases, landlords are not required to provide an opportunity for the tenant to remedy the situation.

In all cases, landlords must ensure the notice is served correctly. California law allows for three methods of service: personal delivery to the tenant, leaving the notice with a responsible person at the rental property and mailing a copy, or posting the notice in a conspicuous place and mailing it. Failing to follow these procedures can invalidate the notice.

Frequently Asked Questions (FAQs)

1. What happens if the tenant doesn’t respond to a 3 day notice?
If the tenant does not pay the rent, correct the lease violation, or vacate the property within three days, the landlord can file an unlawful detainer lawsuit in court to begin the eviction process.

2. Can I include late fees in a 3 day notice to pay rent or quit?
No, California law prohibits landlords from including late fees, utility charges, or other non-rent amounts in a 3 day notice to pay rent or quit. Only the unpaid rent amount can be demanded.

3. What should I do if I make a mistake on the notice?
If there is an error in the notice—such as an incorrect rent amount or lease violation—the notice may be invalid. It’s best to correct the mistake and re-serve the notice before proceeding with legal action.

---

Final Thoughts

A 3 day notice is an essential tool for landlords in California to address lease violations and unpaid rent. Understanding the different types of notices and when to serve them is critical to ensuring compliance with state law. By following proper procedures and using the correct notice for each situation, landlords can resolve issues effectively and avoid unnecessary delays in the eviction process. With clear communication and legal knowledge, you can navigate these challenges while protecting your property and your business.