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California 3 Day Notice to Perform

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Document Description

Giving notice is the first step in the eviction process. The notice required in California for violations of the lease that CAN be fixed is a 3 Day Notice to Perform. This gives the tenant 3 days to correct the violation or vacate the premises. If the tenant does neither, the landlord may then initiate court proceedings.

Who: Give this to the tenant who has broken a lease or rental agreement where the situation may be resolved.

What: This is a 3 Day Notice to Perform for lease violations that may be corrected.

When: Give this to the tenant 3 days before initiating court proceedings to enable them to correct the violation within 3 days or vacate.

Please Note: If your rental property is located within a rent controlled or stabilized area, please contact your housing agency for eviction procedures.
  • CA Assist: If the tenant has neither cured the lease violation or vacated the premise, the landlord may begin court proceedings on the 4th day after the tenant receives the notice. The days are counted from the first day after the notice is served; counting every day on the calendar, including weekends and holidays. If the last day of the notice period falls on a holiday or weekend, then the notice period ends the next work day.

    The landlord must file a complaint with the court clerk referred as an "Unlawful Detainer".

    Please Note: Each county may have their own requirements. It is wise to check with your local jurisdiction. This is done by filing a complaint with the court clerk referred as an "Unlawful Detainer". Landlords should keep a copy of the notice with proof of service as it may be needed for court proceedings.

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