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:
To be valid, a 3 Day Notice to Quit must:
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:
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:
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:
How To Calculate 3 Day Period
To count the days in the notice period:
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 info@lynxlegal.com. Our experienced professionals are standing by to assist in any way we can.
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