Terminating a California Tenancy Based on Nonpayment of Rent

Here’s what you need to know about terminating a California tenancy based on the tenant’s failure to pay rent. 

The Three-Day Notice to Pay Rent or Quit

Nonpayment of rent evictions begin with preparation and service of a 3 Day Notice to Pay Rent or Quit that fully complies with California Code of Civil Procedure Section 1161(2) and related statutes.

Contents of Notice

At a minimum, the Notice must include the following information:

• the amount due (outstanding rent only – no late fees, etc,)
• the name, telephone number, and address of the person to whom the rent payment must be made
• if payment by personal delivery is allowed, the usual days and hours the designated person will be available to receive the payment
• if payment is allowed by electronic transfer, the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property)
• if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure.

Manner of Service

The notice can be served the day after rent becomes due. It needs to be served upon the tenant and any subtenant occupying the premises.  The landlord or any other person over the age of 18 can deliver the notice to the tenant.  The three-day notice for nonpayment of rent must be served personally, by substitute service, or by posting and mailing, and attempts must be made in that order.

How to Calculate Three Day Notice period

The three-day notice period does not include weekends or judicial holidays and it starts the day after the notice was served.  For example, if the three-day notice is served on a Tuesday, the three-day period expires at the end of the day on Friday. If the last day of the notice period falls on a weekend or court holiday, the notice period rolls over to the next court day.  For example, if the notice is served on a Wednesday, the three-day period expires at the end of the day on Monday.  If Monday is a judicial holiday the notice would expire on Tuesday at the close of business.    

Effect of Payment Made During Three Day Period

The landlord must accept a tender of full payment made during the 3-day period.  Full payment would end the matter based on that particular notice, since the tenant will have cured his violation by paying the full rent.  If the tenant does not pay the rent within the three-day period, the next step will be to file the unlawful detainer (eviction) case in court.

If the tenant attempts to make a partial payment of the amount due during the 3-day notice period, the landlord can accept or reject it.  Acceptance of the payment would end the eviction case based on that particular notice.  The landlord would need to serve a new 3-day notice for the remainder of past due rent to proceed with the unlawful detainer action.

Importance of Using Accurate Notice

Strict adherence to these rules is required.  Any defect in the notice — however minor — may provide grounds for dismissal of the action, requiring the landlord to start over. 

The Unlawful Detainer Action

If the tenant fails to comply with the Notice the landlord must take the next step by filing and successfully prosecuting an unlawful detainer action against the tenant.  The court’s Judgment and Writ of Possession are the court documents needed by the Sheriff to remove the occupants from the property. 

Lynx Legal can handle your eviction from start to finish, at highly competitive prices.  Don’t spend another day worrying about your problem tenant issues.  Contact us today at 888-441-2355 or info@lynxlegal.com.  You can also schedule a free telephonic consultation on our website to discuss your eviction-related issues.  We are standing by to assist in any way we can.