Use this California 3 Day Notice to Pay or Quit when a tenant fails to pay rent in accordance with the terms of the lease agreement. If a grace period has been allowed in the lease, then a landlord must wait for that time to elapse first. CA Civ Pro Code § 1161(2)
This notice demands a tenant to bring the rent current or move within 3 days of being served. If the tenant does not pay the rent in full or surrender the premises, the landlord may file an unlawful detainer lawsuit to seek the court’s assistance in taking possession of the property from the tenant.
When Rent is Late in California
- The landlord cannot require the tenant to pay late rent in cash.
- If the rent is corrected within 3 days of being served this notice, the tenancy continues as normal.
- If the tenant offers to pay after the 3 days, the landlord has the option to accept or reject the payment and proceed with filing an eviction. If the landlord accepts the tenant’s payment after the 3 days, they waive their right to evict the tenant.
How to Fill Out
Step 1 – Complete the following tenant fields:
- Full name of tenant(s) next to “To”
- Address and county of tenant(s) rental
Step 2 – Enter total past due amount and indicate the time period for which the tenant has not paid rent.
Step 3 – Specify who the tenant must pay past due amount to “Rent is to be Paid To.” If the person signing this notice is the receiving party, then place a mark in the box labeled “the undersigned…” If the receiving party is another person or entity, then mark the second box (labeled “the following person”) and enter the name on the blank space provided.
Step 4 – Identify where the tenant must submit the past due amount by entering “At The Following Address” and provide a phone number may use should they need to contact the person at that Address.
Step 5 – “In The Following Manner” section, choose one of the four options available for how the tenant is to submit the past due amount.
Step 6 – Below the heading “Proof of Service,” the person delivering this document to the tenant needs to enter their name, date served, and then select which method of delivery was used. Finally, this person needs to sign and date the notice.
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