SB-91 15 Day Notice Flowchart

Updated 10/16/24

What is a 15 Day Notice to Pay or Quit?

California landlords navigating tenant protections during the COVID-19 pandemic have likely encountered the 15 day notice to pay or quit requirement, which was first introduced under AB 3088 and later extended by SB-91. This notice is a critical legal tool that allows landlords to demand payment of past-due rent or initiate eviction proceedings while still complying with state laws designed to protect tenants during a declared emergency.

In this article, we will explain the key elements of the 15 day notice to pay or quit, discuss its purpose under SB-91, and provide a step-by-step flowchart to help landlords determine when and how to use it.

What Is the 15 Day Notice to Pay or Quit?

Before the pandemic, California landlords used a 3-day notice to pay or quit, which required tenants to pay overdue rent within three days or vacate the rental property. However, with the onset of the COVID-19 pandemic, the state enacted temporary tenant protections, including the 15 day notice to pay or quit, through AB 3088.

The 15 day notice to pay or quit extended the period tenants have to pay their overdue rent to 15 business days, excluding weekends and holidays. This extension was designed to provide tenants with more time to seek rental assistance or negotiate with their landlords during the economic uncertainties caused by the pandemic.

Under SB-91, these protections were further extended, continuing through June 30, 2021. SB-91 also introduced additional obligations for landlords, such as informing tenants about the State Rental Assistance Program.

Understanding SB-91 and Its Requirements

SB-91 was a continuation of earlier legislation aimed at protecting tenants while balancing the rights of landlords. It extended eviction protections and introduced rental assistance measures to help tenants pay off back rent accumulated during the pandemic. Landlords are required to notify tenants about the availability of rental assistance if the tenant has unpaid rent dating back to March 1, 2020, or later.

It’s important for landlords to ensure compliance with SB-91 requirements to avoid legal issues. Non-compliance, such as failing to serve the appropriate notice or inform tenants of rental assistance options, could lead to costly penalties. The 15 day notice to pay or quit is just one part of this broader effort to manage the landlord-tenant relationship fairly during the pandemic.

When Should You Use the 15 Day Notice?

The 15 day notice to pay or quit applies to rent that became due after March 1, 2020. If your tenant has not paid rent during this period, the notice can be served to request payment. However, it’s important to note that rental debt incurred prior to March 1, 2020, is treated differently. For these situations, landlords must follow different legal procedures, and the 15 day notice to pay or quit will not apply.

SB-91 15 Day Notice Flowchart: A Step-by-Step Guide

To simplify the process for landlords, we’ve created a flowchart outlining when to use the 15 day notice to pay or quit and what steps to follow. This guide will help you determine whether you need to issue a 15 day notice to pay or quit, a 3-day notice, or take alternative action based on your tenant’s rent debt situation.

Step 1: Determine the Rent Due Date

Is the rent debt from before March 1, 2020?
- Yes: The 15 day notice to pay or quit does not apply. Contact legal assistance for alternative actions.
- No: Proceed to Step 2.

Step 2: Assess Whether Tenant Owes Rent for March 1, 2020 – June 30, 2021

Does your tenant owe rent that became due between March 1, 2020, and June 30, 2021?
- Yes: You can serve a 15 day notice to pay or quit.
- No: The 15 day notice to pay or quit does not apply. Review other legal actions you can take.

Step 3: Confirm Compliance with SB-91 Requirements

Have you informed your tenant about the State Rental Assistance Program?
- Yes: Proceed with serving the 15 day notice to pay or quit.
- No: Before serving the notice, provide your tenant with information about the rental assistance program. Failure to do so could lead to legal penalties.

Step 4: Serve the Notice

Make sure the 15 day notice to pay or quit is served in compliance with California law. The 15 days should not include weekends or holidays, and the notice must provide details about the rental assistance program.

Step 5: Tenant Response

If the tenant responds within 15 business days by paying the rent, no further action is required.
If the tenant does not pay or respond, you may proceed with eviction, provided all other legal requirements have been met.

Key Considerations for Landlords

Landlords need to be cautious when dealing with the 15 day notice to pay or quit to ensure they are following the proper legal channels. The following considerations are crucial:

Rental Assistance Programs: As of February 1, 2021, landlords are required to notify tenants with unpaid rent of the State Rental Assistance Program. Failing to do so could result in significant fines or legal complications.
Excluding Weekends and Holidays: The 15-day period excludes weekends and holidays, so landlords should carefully calculate the timeline for their notice.
Rental Debt Before March 1, 2020: The 15 day notice to pay or quit only applies to rent due after March 1, 2020. Landlords dealing with earlier rental debts will need to follow different procedures.
Eviction Moratoriums: Depending on your city or county, additional eviction protections may apply. Always check local ordinances to ensure compliance.

Final Thoughts on the 15 Day Notice and SB-91

The 15 day notice to pay or quit is a crucial part of navigating tenant non-payment during the pandemic in California. It offers tenants more time to get their finances in order, while still allowing landlords to take legal steps to collect rent or regain possession of their property. However, landlords must ensure they are in full compliance with SB-91, particularly with regards to informing tenants about rental assistance programs.

By following the appropriate steps and utilizing the flowchart provided, landlords can navigate this complex process with greater ease. While the end of these protections came on June 30, 2021, understanding the timeline and ensuring proper procedures are followed will help landlords avoid potential legal pitfalls.

If you have any questions about serving a 15 day notice to pay or quit, or need assistance with eviction processes, contact our office at 1-800-686-8686 for expert advice and support.