Serving a 3 Day Notice is one of the first and most critical steps in the California eviction process. Whether you’re dealing with non-payment of rent, a lease violation, or another breach of the rental agreement, following the correct procedure is essential. A small mistake can delay the eviction process or even result in the case being dismissed in court. California landlord-tenant law is strict when it comes to notice requirements, and any misstep can give the tenant grounds to challenge the notice. To avoid legal issues and move forward effectively, landlords need to understand the different types of 3 Day Notices, how to serve them, and what to do afterward.
Types of 3 Day Notices in California
Before serving any notice, it’s important to determine the type of 3 Day Notice you need. Each type serves a different purpose and requires specific language to be legally valid.
3 Day Notice to Pay Rent or Quit
This notice is used when a tenant has failed to pay rent on time. It demands that the tenant pay the full amount owed within three days or vacate the property. You must include the exact amount of rent due, the dates covered, and where and how payment can be made.
3 Day Notice to Cure or Quit
This notice is used when a tenant has violated the lease agreement in a way that is potentially fixable—such as unauthorized pets, extra occupants, or noise complaints. It gives the tenant three days to correct the issue or move out.
3 Day Notice to Quit
This notice is used when the lease violation is considered serious or non-curable, such as illegal activity on the premises or repeated violations after previous warnings. It does not offer the tenant the option to fix the issue—they must vacate the unit within three days.
Each notice must be specific, clearly state the reason, and follow the legally required format. Using the wrong notice or including vague language can render the notice invalid.
What Must Be Included in the Notice
A valid 3 Day Notice must contain specific information to be enforceable in court. Omitting or misstating any detail may result in a delay or dismissal of your case.
Required elements include:
- Full name(s) of the tenant(s) listed on the lease
- Complete property address, including unit number
- The total amount of rent due (for pay or quit notices)
- Specific lease violation or reason for the notice
- Exact instructions for curing the issue or paying rent
- The name, address, phone number, and hours of availability for payment or communication
- A clear statement that the tenant has three calendar days to comply or vacate
- The date the notice is served and the signature of the landlord or authorized agent
It’s also important to avoid adding charges like late fees, utilities, or damages to a 3 Day Notice to Pay Rent or Quit. Only unpaid base rent can be demanded on that type of notice.
Proper Methods of Serving a 3 Day Notice
Once the notice is completed, it must be served correctly. California law outlines three acceptable methods of service, and choosing the wrong method or skipping a required step can make your notice invalid.
1. Personal Service
Deliver the notice directly to the tenant at the rental property. This is the most effective and preferred method because it starts the clock on the three-day period immediately.
2. Substituted Service
If the tenant is not home, you may serve another person at the residence who is of suitable age and discretion. You must also mail a copy of the notice to the tenant at the rental address. The three-day period begins after both steps are completed.
3. “Posting and Mailing” (Nail and Mail)
If no one is available to accept the notice, you can post the notice in a conspicuous place at the property (such as the front door) and mail a copy to the tenant. This method should only be used if the first two attempts fail. Like substituted service, the three-day period begins after the mailing.
You should always keep a copy of the notice, document how it was served, and note the date and time. If the case ends up in court, you may be required to submit a declaration of service to verify that the notice was delivered legally.
How the Three-Day Period Is Calculated
The countdown for a 3 Day Notice starts the day after the notice is served. Weekends and court holidays are excluded from the count. This means that if you serve a notice on a Friday, the clock would not start until Monday, assuming it is not a court holiday.
The tenant has three full calendar days to comply with the notice. If they pay the rent, cure the lease violation, or move out within that time frame, you cannot proceed with eviction. If they fail to act, you may then file an unlawful detainer (eviction lawsuit) with the court.
Common Mistakes to Avoid
Even experienced landlords can make simple errors that invalidate a notice. Avoid these common pitfalls to protect your rights and stay compliant with California law.
Frequent mistakes include:
- Including fees or non-rent charges in a 3 Day Pay or Quit notice
- Using outdated or incomplete forms
- Serving the wrong type of notice for the situation
- Miscalculating the three-day period by including weekends or holidays
- Failing to properly document service
- Starting eviction proceedings before the notice period ends
Each of these missteps can delay the process or give the tenant a legal defense in court. Always double-check your forms and service method before moving forward.
What Happens After the Notice Period Ends
If the tenant has not complied within the three-day period, the next step is to file an unlawful detainer lawsuit. This is the official eviction process in California and must be handled through the court system. You cannot remove a tenant or change the locks yourself.
Filing the unlawful detainer starts a legal process where the tenant has a chance to respond, and if they don’t, you may be granted a default judgment. If they contest it, a hearing will be scheduled where both parties can present their case.
Serving a 3 Day Notice is a legally sensitive task that requires precision and compliance. Doing it correctly protects your investment, avoids unnecessary delays, and strengthens your position should the issue proceed to court.