This California 3 Day Notice to Quit is intended for those lease violations which the state of California considers incurable. Calif. Code of Civil Procedure §1161(3)
An example of incurable violations includes:
- Damaging the rental property (“committed waste”)
- Committing a substantial nuisance to other tenants
- Committed domestic violence or sexual assault against another tenant or subtenant on the premises which includes stalking
- The act of drug dealing or manufacturing illegal drugs on the property
- Using weapons or ammunition unlawfully on the property
This notice demands a tenant to vacate the premises within 3 days. If the tenant fails to move by the end of the third day, the landlord may file an unlawful detainer lawsuit to take possession of the property.
How to Fill Out
Step 1 – Enter the date the notice is being completed and the street address and city of the rental property before where the word California appears.
Step 2 – Enter the date the notice is being prepared.
Step 3 – Identify the tenant(s).
Step 4 – Spell out the facts by completing item 1.1 and provide the date of the original lease agreement. Then, on the second blank space, provide the address of the rental property as it is listed in the original lease agreement.
Step 5 – in Item 1.2, enter the name of the tenant who violated the lease for the purposes of this notice. Then on the blank space just before the term “as the Landlord,” add the name of the landlord.
Step 6 – Item 1.3 requires the name of the rental property and account number (if applicable) and/or the address of the rental property.
Step 7 – In Item 2, enter the manner in which the tenant has violated the original lease. Be sure to include any references to police reports, health inspections, etc. by including their ID’s.
Step 8 – Item 3 is used to designate someone (if the landlord is unavailable) that the tenant may surrender the rental property.
Step 9 – On the bottom of the notice, the landlord must again provide the official date for this notice, sign it, and complete their contact information.
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
Please read our Terms of Use. AmericanLandlord.com is not a substitute for consulting with a legal professional specializing in landlord-tenant law.