A 3-day notice is often the first formal step in a California eviction based on nonpayment of rent or certain lease violations. Because it starts a short and strictly counted clock, understanding what a 3-day notice does — and does not — require is useful for landlords preparing one and tenants who have just received one.
The Main Types of 3-Day Notices
A 3-day notice generally falls into one of a few categories: a notice to pay rent or quit (used for nonpayment of rent), a notice to cure or quit (used when a curable lease violation has occurred), or a notice to quit without an opportunity to cure (generally reserved for more limited circumstances, such as certain serious violations). Each type has its own content requirements.
How the Notice Period Is Generally Counted
California law sets out specific rules for how the days in a notice period are counted, including how weekends and judicial holidays factor in, and how the count can differ depending on the method used to serve the notice. Getting this calculation wrong is a common source of disputes over whether a notice was valid.
What a Nonpayment Notice Generally Must State
A 3-day notice to pay rent or quit generally must state the exact amount of rent owed and provide information about how and where payment may be made. An incorrect amount — even one that appears to be a good-faith mistake — can potentially affect the validity of the notice.
What Happens If the Tenant Complies
If a tenant pays the rent stated (or cures the violation described) within the notice period, the basis for that particular notice is generally resolved. If the tenant does not comply within the period, the landlord may generally proceed to file an unlawful detainer action — see our overview of unlawful detainer actions.
For Tenants: What to Do If You Receive One
Read the notice carefully, note the exact deadline, and gather your lease and payment records. Our article on what tenants should do after receiving an eviction notice covers general next steps in more detail.
For Landlords: Getting the Notice Right the First Time
Because an improperly prepared 3-day notice can require starting the process over, landlords are generally well served by confirming the amount owed, the applicable notice type, and the proper method of service before serving a notice.
Whether you are preparing or have just received a 3-day notice, our office offers a free initial consultation to review the situation.