There are three types of 3 Day eviction notices in California – the 3 Day Notice to Quit, the 3 Day Notice to Perform Covenant or Quit, and the 3 Day Notice to Pay Rent or Quit.  This article discusses the required content for each notice, how they are served, and how to calculate the 3 day period under California law.

Three Day Notice to Quit

A 3 Day Notice to Quit is appropriate when the tenant has committed a violation of the lease, or other legal obligations that cannot be remedied.  This notice requests that the tenant wither vacate the rental unit or face an eviction lawsuit based on the asserted violation(s).  Under California law, a 3 Day Notice to Quit can only be used in certain instances.  Specifically, the tenant must be:

• Engaging in illegal activities on the property,
• Committing acts/omissions that threaten the health and safety of other tenants or the general public;

• Committing waste (damage) that significantly decreases the property’s value;
• Causing or allowing a “nuisance” on the property;
• Allowing other tenants (subtenants) without the landlord’s permission.

To be valid, a 3 Day Notice to Quit must:

• Be in writing;
• Be signed and dated by the landlord or his or her agent;
• State the full name of the tenant or tenants;
• State the rental property’s address;
• Provide a detailed description of the claimed nuisance, waste (damage), or illegal activity, or the unauthorized subletting of the property to others;
• Demand that the tenant move out within 3 days.

If the tenant remains on the premises after expiration of the 3 day period, the landlord can proceed with an unlawful detainer action against the tenant.

3 Day Notice to Perform Covenant or Quit

A 3 Day Notice to Perform Covenant or Quit is utilized when the tenant has committed a curable violation of a material term of the lease agreement, such as having a pet when the lease prohibits animals or not keeping the unit clean. This Notice must:

• Be in writing;
• State the full name of the tenant(s);
• Provide the address of the rental property;
• State the details surrounding the tenant’s claimed violation of the lease agreement;
• State that the tenant has the option of either fixing the problem or moving out in 3 days; and
• Be signed by the landlord or his or her agent and state the date of the notice.

If the tenant does not fix the problem or move out within the 3 day period, the landlord must serve a second, unconditional three day notice demanding that the tenant move out of the property.  If the tenant remains on the premises after expiration of this second 3 day period, the landlord can proceed with an unlawful detainer action against the tenant.

3 Day Notice To Pay Rent or Quit

A 3 Day Notice to Pay or Quit is used when the tenant is behind on rent.  In California, this Notice must:

• Be in writing;
• State the full name of the tenant(s);
• State the address of the rental property;
• State exactly how much rent the tenant owes;
• Provide the dates the overdue rent covers;
• State that this rent must be paid in full, or the tenant must move out within 3 days of receiving the notice;
• Provide the days and times the tenant can pay the rent arrearages, and the address where he or she can make payment;
• Be signed by the landlord (or the landlord’s agent), and state the date of the notice.

The notice cannot include other money the tenant owes, such as late fees, interest, utilities, or damages.  The notice cannot go back more than 1 year, even if the tenant owes back rent for a longer time.

How to Serve a 3 Day Notice

A landlord can “serve” (deliver) a 3 Day Notice in California using any of the following methods:

1. By handing the notice to the tenant in person;
2. By handing the notice to a person of suitable age at the property AND mailing the notice by certified or registered mail with a return receipt;
3. By posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by certified or registered mail with a return receipt.

How To Calculate 3 Day Period

To count the days in the notice period:

• The first day counted is the day after the notice is served.
• Then count every next day on the calendar, not including weekends and holidays.
• If the last day of the notice period falls on a holiday or weekend, then the notice period ends the next business day.

Please contact Lynx Legal with any questions regarding the above, and for all of your eviction needs.  We can be reached at 888-441-2355 or [email protected].  Our experienced professionals are standing by to assist in any way we can.