A California 3 Day Notice to Cure or Quit is intended for those lease violations which are deemed curable under the laws of California except for the nonpayment of rent, see California 3 Day Notice to Pay or Quit. An example of curable violations includes unauthorized pets or adult occupants, improper disposal of waste, etc. More egregious acts such as illegal activity on the premises can be handled with an incurable notice. Calif. Code of Civil Procedure §1161(3)
This notice demands a tenant to correct the violation or move within 3 days. If the tenant fails to act by the end of the 3rd day, the landlord may file an unlawful detainer lawsuit to begin eviction proceedings.
How to Fill Out
Step 1 – Complete the following preparer fields:
- Full name of landlord/agent
- Address and contact information
Step 2 – Enter the date the notice is being prepared.
Step 3 – Enter the rental property address.
Step 4 – Identify the tenant(s).
Step 5 – Complete items 1.1 through 1.4 by identifying the date, tenant, landlord and rental property address written in the lease agreement that’s being enforced.
Step 6 – In item 2 describe the lease violation(s) which prompted this notice.
Step 7 – In Item 3.1, report the action(s) the tenant must take to remedy the situation and item 3.2 provide the name of the person the rental property possession must be returned to if they do not comply with item 3.1
Step 8 – Finally, the landlord/agent must sign, date and complete additional contact information on the bottom of this notice. A DRE# is only applicable to licensed agents/brokers.
Serving a Tenant in California
This notice will only go into effect when the tenant is served. You may deliver it personally to the tenant at their residence or place of business. You may also post it in a very conspicuous area where any reasonable person would discover it such as the front door (a copy should then also be mailed, certified). You also have the option present this to an adult at the dwelling unit (a copy should then also be mailed, certified).
Note: A landlord must allow an extra day if notice is not personally delivered to the tenant.
• Nonpayment of Rent: 3 days. CA Civ Pro Code § 1161(2)
• Noncompliance: 3 days. CA Civ Pro Procedure §1161(3)
• Termination (Month-to-Month Lease): 30 days (<12 mos) 60 days (>12 mos). Calif. Civil Code § 1946.1
• Eviction Lawsuit: Unlawful detainer Calif. Civil Code 1159 – 1179a
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