California 3-day notice explained for landlords

By Tyler Vance, California attorney · Updated 2026-09-28 · 4 min read

General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.

A defective notice is one of the most common reasons an eviction case gets delayed or has to start over. Here is an overview of how I think about 3-day notices for residential tenancies. It's general information, not a substitute for advice on your property, your lease, and your city's rules.

The three common 3-day notices

• Pay rent or quit (Code of Civil Procedure section 1161(2)): for unpaid rent.
• Perform covenant or quit (section 1161(3)): for a lease violation that can be corrected, such as an unauthorized pet.
• Quit (section 1161(4)): for certain serious conduct listed in the statute, such as assigning or subletting in violation of the lease, committing waste, maintaining a nuisance, or using the premises for an unlawful purpose.

Counting the three days

For the pay-rent-or-quit and perform-or-quit notices, section 1161 says the three days exclude Saturdays, Sundays, and other judicial holidays. Counting wrong is an easy mistake to make, so I count carefully from the date of service.

What a 3-day notice to pay rent must include

Section 1161(2) requires the notice to state the amount that is due, and the name, telephone number, and address of the person to whom rent should be paid. It also has to say how rent can be paid: if in person, the usual days and hours someone will be available; or the account information for a financial institution (within five miles of the unit) where rent can be deposited; or electronic funds transfer, if that was previously set up. The notice has to be served within one year after the rent became due. In my practice, I list only unpaid rent in the notice and leave out late fees and other charges.

How the notice is served

Code of Civil Procedure section 1162 describes how notices can be served on a residential tenant: personal delivery; or, if the tenant is absent, leaving a copy with a person of suitable age and discretion at the residence or usual place of business and also mailing a copy; or, if neither of those can be done, posting a copy in a conspicuous place at the property and mailing a copy. Keep a record of who served it, when, and how.

Just cause rules may apply

Many California rentals are covered by the Tenant Protection Act, Civil Code section 1946.2. For covered tenancies where the tenant has lived in the unit at least 12 months, the landlord needs a just cause, and the cause must be stated in the notice. For a curable lease violation, the statute generally requires a notice giving the tenant a chance to cure before a notice to quit. Some properties are exempt, and some cities have their own just-cause or rent ordinances that apply instead or add requirements.

Other things that can derail a notice

• Conditions citations. Under Civil Code section 1942.4, a landlord generally may not serve a 3-day notice to pay rent or quit while a public officer has cited the unit as substandard and the violation hasn't been fixed within 35 days of notice, if the tenant didn't cause it.
• Retaliation. Civil Code section 1942.5 restricts evictions and rent increases that retaliate against a tenant for complaining about conditions.
• Local ordinances. Check your city and county for additional notice language, registration, or relocation rules.

When to call

If you're a landlord, owner, or authorized agent and a tenant hasn't paid or is violating the lease, I can review the tenancy and the notice before it goes out, or take the case from there. In eviction matters I represent landlords. Every inquiry is conflict-checked by property address and party names first.

Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.