California 3 Day Notice to Pay or Quit

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The EzLandlord Forms' California 3 Day Notice to Pay or Quit is used before filing for eviction for a tenant who is behind on rent.

Document Last Modified: 2/10/2025

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Covid-19 Update: California currently has the most restrictive Covid eviction policies in the nation, effective through Feb 1, 2021


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Notices: All notices must be in writing! If the tenant does not comply before notice period expires, a landlord may evict the tenant via court proceedings.


Notices for non-payment of rent must NOT include other money the tenant owes, such as late fees, interest, utilities, or damages.
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 workday.


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.


SERVICE OF NOTICE

Notices may be served on the tenant in one of three ways:
personal service,
substituted service,
or by posting AND mailing.


Personal service - To serve the tenant personally, the person serving the notice must hand the tenant the notice (or leave it with the tenant if tenant refuses to take it).
Substituted service on another person -If the landlord does not find the tenant at home, If the landlord can't find the tenant at home, the landlord can use "substituted service" instead of serving tenant personally. For instance, the landlord or landlord’s representative (over age 18) can deliver the notice with a person of “suitable age and discretion” ( this usually means an adult or teenage member of the household) PLUS mail a copy of the notice to the tenant at home.


Posting and mailing - If the landlord can't serve the notice to the tenant personally or by substituted service, the notice can be served by taping or tacking a copy to the rental unit in a noticeable place (such as the front door of the rental unit) in addition to mailing another copy to the tenant at the rental unit's address. Service of the notice is not complete until the copy of the notice has been mailed.


RENTAL CONTROL LAW
Some California cities have rent control ordinances, that limit or prohibit rent increases. Some of these ordinances specify procedures that a landlord must follow before increasing a tenant's rent, or that make evicting a tenant more difficult for a landlord. Each community's ordinance is different.
Some cities have boards that have the power to approve or deny increases in rent. Other cities' ordinances allow a certain percentage increase in rent each year. Because of recent changes in State law, all rent control cities now have "vacancy decontrol." This means that the landlord can re-rent a unit at the market rate when the tenant moves out voluntarily or when the landlord terminates the tenancy for nonpayment of rent.


Los Angeles rent control information, ordinances and forms may be found here.


IMPORTANT: If you have a rental unit within a locality that is rent controlled, contact the locality or jurisdiction for the proper procedures to renew a lease, terminate a lease or evict a tenant!

This EZ Landlord Forms’ California 3-Day Notice to Pay or Quit is the form for a landlord to use when dealing with a tenant who has not remitted the amount owed and is behind on rental payments. This form is specific to California's judicial procedures and is the first step in the line of eviction. In some cases, a tenant will receive this intimidating notification and pay before a case needs to be opened up in the local courthouse. However, if that does not seem to be the case, this notice opens the necessary doors to legally remove your tenant from the rental premises. Staying on top of non-paying tenants by sending the California 3 Day Notice to Pay or Quit as soon as possible will show a tenant that you mean business.

landlords really need to know

This form allows the landlord to list the rent owed, and the date the money was to be paid. Only the rent may be listed in this document. Do not include items such as late charges and other fees. The 3 Day Notice to Pay or Quit is straight to the point; it tells the delinquent tenant to either pay or vacate the premises. There are fields included to make sure that the proper address for where payment will be accepted as well as the days and times the landlord will be available.

This notice must be served personally from the landlord by it to the tenant, by substituted service, or by posting on the premises PLUS mailing. The landlord should give this form to the tenant three days before initiating court proceedings.

Once the landlord serves the form to the tenant he/she may start the three-day period the day after. Keep a copy of the notice for record-keeping.

If the tenant does not correspond with the notice, the next step would be for the landlord to serve the Unlawful Detainer.

Please note: Landlord/Tenant laws in California can be very complex. Hiring an attorney is strongly suggested!

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