Providing proper notice to the tenant is an essential prerequisite to any unlawful detainer action.  3 Day Notices are one of the most common forms and are used to inform the tenant of a claimed violation of the lease or law that could lead to the filing of an eviction lawsuit against the tenant.  There are two types of 3 Day Notices – those providing for an opportunity to cure a lease violation and unconditional notices to vacate the premises.  The former category can be broken down into two subparts:  a 3 Day Notice to Pay Rent or Quit and a 3 Day Notice to cure a different lease violation.   Here is what you need to know about these types of notices.

3 Day Notice to Pay Rent or Quit

A 3 Day Notice to Pay or Quit gives the tenant three days to pay all outstanding rent or move out. Otherwise, the landlord may immediately commence formal eviction proceedings against the tenant. This type of notice must:

• be in writing;
• state the full name of the tenant or tenants;
• state the address of the rental property;
• state exactly how much rent the tenant owes (rent only, no late fees or other charges)
• specify the dates when the overdue rent became due;
• state that this rent must be paid in full within 3 days of receiving this notice or the tenant must move out;
• provide the days and times the tenant can pay the rent owed, and the address to pay it at; and
• be signed and dated by the landlord or his or her agent.

The landlord is not required to accept partial rent payment.  If he does, the notice is waived and he must prepare and serve a new notice for whatever amount is owed after the partial payment.  If the tenant attempts to pay all the past-due rent demanded after the three-day period expires, the landlord either can refuse to accept the payment and file an eviction lawsuit against the tenant or accept the rent payment. If the landlord accepts the rent, the landlord waives the right to evict the tenant based on late payment of rent specified in the notice.    

3 Day Notice to Cure Lease Violation

This type of notice gives the tenant the opportunity to cure or correct a correctable  lease violations within the timeframe set forth in the notice.  It must describe the tenant’s violation of the rental agreement and specify that the violation must be fixed within the three day period or the landlord will file an eviction proceeding against the tenant.  For curable violations, the notice must be clearly written in the alternative (i.e. perform a covenant of the agreement or quit). If the tenant fails to correct the violation within the time period specified in the 3 Day Notice, the landlord must serve a second, unconditional 3 day notice demanding that the tenant leave the property within 3 days.  If he fails to do so, the landlord can pursue an unlawful detainer action against him.  Curable lease violations include things like un-permitted pets in the residence, failing to keep the residence sanitary and failing to obtain renters insurance as required by the lease agreement.

Unconditional 3 Day Notice to Vacate

A California 3-day notice to quit for an incurable violation of the lease or law notifies the tenant that he must vacate the property within three days because of the violation. Unlike a curable non-compliance notice, the violation mentioned in an incurable notice is an act that cannot be remedied by the tenant. The tenant has three days to leave the premises or risk the landlord filing an eviction suit against them. Incurable Lease Violations include committing waste, illegal conduct involving unlawful weapons or a controlled substance, and using the premises for an unlawful purpose.

Please contact Lynx Legal Service at 888-441-2355 or [email protected] for more information on 3 Day Notices or if you are ready to start a case. You can also schedule a free telephonic consultation on our website to discuss any issues related to your specific situation.