Importance of Preparing Accurate Three-Day Notice to Pay Rent or Quit

In California, when a tenant fails to pay rent on time the landlord must give the tenant a three-day notice to pay rent or quit before initiating an eviction lawsuit (known as an unlawful detainer action) against the tenant. This written notice informs the tenant that they have three days to either pay the full amount of unpaid rent or move out of the rental property.  If the tenant does neither within the three-day period, the landlord may then proceed with filing the eviction lawsuit.

Proper preparation and service of a Three-Day notice is an essential prerequisite to an unlawful detainer judgment in favor of the landlord.  If there is any defect in the notice, the court will likely dismiss the case and require the landlord to start over again.

Three Day Notice Requirements

The Three-Day Notice must include the following for it to be valid in California

• The name of the tenant or tenants
• The address of the rental property
• A description of the violation
• A statement that the tenant has three days to correct the violation or vacate the property
• The name, address, and phone number of the landlord or their authorized agent
• The date by which the notice must be complied with
• The manner of payment
• A statement informing the tenant of their right to contest the notice in court

Under California law, a 3-day notice to pay or quit does not have to be signed to be valid. However, it must be in writing.

Overstatement of the Amount Due:

The amount you demand from the tenant in a Three-Day Notice must only be comprised of unpaid rent and cannot be more than the exact sum due. If the notice includes other amounts allegedly due, like late fees, it will be rejected by a California Court in the unlawful detainer action.  It also cannot seek unpaid rent more than a year old.  See Civil Code section 1161(2).  This rule is strictly enforced in California courts. 

 Incorrect Property Address

The notice must not contain any errors in the address of the subject property.  Even a minor typographical error such as a misspelled street address can suffice to void the notice.  Typos in the notice may force you to re-serve your notice and start over.

Errors in Manner of Paying Amount Owed

Any errors in the manner of payment can void the notice and cause the landlord to lose the case.  For example, in Foster v. Williams (2014) 177 Cal.Rptr.3d 371, a landlord brought an unlawful detainer (eviction) action against a tenant for nonpayment of rent. The Three Day Notice to Pay Rent or Quit (the “Notice”) required the tenant to pay $1,350.00 for the month of June 2013. The Notice also provided, “Your rent payment should be made payable to: Guest House Management and payment shall be delivered to: Name: Rick at the following address: www.erentpayment.com,” and listed a telephone number.

At trial, the tenant argued that the Notice was defective because it included a web address for payment of rent rather than a physical address. The tenant conceded that he had been given prior instructions to pay rent through the internet and had been doing so since June 2012. The trial court entered judgment for the landlord. On appeal, the Court held that the Notice was defective and ordered the trial court to enter judgment in favor of the tenant.  The tenant prevailed solely because the landlord failed to include the required information concerning the mechanics for payment of rent in the Notice.

The above points illustrate that landlords must strictly adhere to California’s Three-Day Notice requirements, and that a failure to do so will prevent the landlord from winning the case.  For these reasons it is best to hire a company with experience in this field to prepare and serve the Three-Day Notice. 

Lynx Legal has successfully handled more than 12,000 evictions over the last 15 years, most of them involving an unpaid rent claim requiring preparation and service of a three day notice.   We can be reached at 888-441-2355 or info@lynxlegal.com.  Our experienced staff is standing by to take your order or answer any questions you may have.