Updated July 14, 2023
A California 3-Day Notice to Quit (Non-Compliance – Incurable) form can be used in the event the tenant breaches the rental agreement, and it becomes impossible for the tenant to correct the issue. This form should not be used if the tenant is late on rent since that is a curable breach. When a tenant is caught doing something illegal, typically the landlord will serve an incurable three-day notice to quit.
Standard procedures should follow giving the tenant their 3 days to move out of the premises. If for something other than illegal activity, the landlord has the choice to forgive the tenant if the tenant makes a strong case to be a good tenant in the future. If the tenant believes they have a valid defense, they may challenge but one must weigh the pros vs the cons since the landlord will most likely file an eviction lawsuit against the tenant. Some incurable instances of non-compliance in California include:
- Damaging the rental property (“committing 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.
Laws – Cal. C. C. P. § 1161(4)