Updated July 18, 2023
A California 3-day notice to quit is a letter used to inform a tenant that they have violated their lease agreement either through non-payment of the rent or of any other non-compliance, such as having unauthorized guests on the premises, pet(s), sound (disturbance of the peace), or other types.
Laws
A 3-day notice to quit is in accordance with the Code of Civil Procedure Section 1159-1179a, and if the violation is not cured (unless it’s incurable), the tenant must leave the premises along with their possessions.
By Type (3)
3-Day Notice to Quit (Non-Payment of Rent) – If rent is late this notice may be delivered to the tenant which the payment shall be within three (3) days or the tenant shall be required to leave within the time period.
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3-Day Notice to Quit (Non-Compliance – Curable) – For any act that violates the lease contract signed between the landlord and tenant.
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3-Day Notice to Quit (Non-Compliance – Incurable) – May be given if the tenant is found to be subletting the premises without permission or for illegal activity to be found ongoing on the property.
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How to Give Notice (2)
In order to serve the tenant, or simply legally give them notice, this can be completed in two (2) ways:
- Professional Server – You can hire a professional service, known as a “process server”, to handle the delivery of the document. This is the best route as all courts recognize this as the highest grade of informing the tenant of their violation. Use your location to find a list of process servers in your area.
- Personally – If you feel comfortable go to the residence yourself or elect to have your agent/manager to do it on your behalf. The notice must be delivered by an individual who is at least eighteen (18) years of age.
Take note that when the papers are being delivered they may be given to:
- The tenant on the property;
- A person of at least eighteen (18) years of age that lives on the property, additionally, a second (2nd) copy shall be delivered to the tenant;
- If multiple attempts have been made the landlord, or representative, may nail or tape the notice on the tenant’s door in addition to having a second (2nd) copy mailed to them.
At this time the tenant has been served and the notice period begins.