California 3 Day Notice to Perform or Quit
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Use this CA 3 Day Eviction Notice when a tenant has violated the lease agreement but the problem CAN be fixed (e.g. renter is smoking inside a non-smoking unit).
Document Last Modified: 2/10/2025
Related Documents
State Specific Clauses
CA State 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.
SERVICE OF NOTICE
Notices may be served on the tenant in one of three ways:
personal service,
substituted service,
or by posting AND mailing.
The landlord, the landlord's agent, or anyone over 18 can serve a notice on a tenant.
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.
**The three-day period begins the day after the notice was posted and 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.
Some ordinances make it more difficult for owners to convert rentals into condominiums.
Los Angelos rent control information, ordinances and forms may be found at the Los Angeles County Housing Department web-site.
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!
DOMESTIC VIOLENCE
Be sure to check local and state laws regarding evicting a tenant involved in domestic violence situations.
It happens. Your tenant does something that goes against the lease agreement that does not have to do with a rental payment. Perhaps it is sneaking in a dog or cat, inviting family and friends to move in who are not already listed on the lease or a simple failure to clean up the yard. What is a landlord to do?
In the state of California, a landlord would provide a notification to the tenant with the choice for that tenant to either fix or take care of the situation OR leave. So, when driving past your three-bedroom bungalow rental; you notice that a dog-house and a loud barking is coming from the yard. Scratching your head, you remember clearly stating in your rental agreement that you have a strict no-pet policy.
Send this “ezLandlordforms’ California Three-Day Notice to Perform or Quit” to your tenant, preferably as soon as you notice the situation. You will be able to explain the violation (Unauthorized pet) and give your tenant a remedy (remove the pet immediately) directly in the notice. This notice gives the tenant or tenants three full days. Counting begins with the day after the tenant receives the letter. Weekends and holidays are counted as days, however, if the last day of the fix or move period ends on a weekend or holiday, you will have to wait until the courts are open to continue the process.
California has varied regulations and procedures in each location, so be sure to contact your local court to obtain the specifics. In most cases, your letter will be delivered to the tenant in one of either of three ways: personal delivery (sometimes called hand delivery), service by a professional such as a sheriff, constable or paid server or by posting the notice on the door in addition to mailing it.
WARNING: California does have laws regarding eviction and domestic violence that may change the procedure. If this is the situation at hand, please check the law.
California State Specific Documents
- California Security Deposit Accounting Statement: This form makes it EZ for Landlords to comply with California’s specific requirements regarding the accounting of security deposits.
- California 30-Day Notice to Vacate: This is the form Landlords need to end a month-to-month Lease or a Lease with a tenancy period of less than one year.
- California 60-Day Notice to Vacate for Non-Exempt Properties - No-Fault Just Cause Lease Termination: California Landlords can provide Tenants with a 60-day Notice for no-fault just cause evictions, which must inform Tenants of their right to receive relocation assistance.
- California Notification of Pre-Move Out Inspection: California Landlords are required to give Tenants written notification of their right to request a pre-move out inspection. This form makes it EZ to do!
- California 3-Day Notice to Pay or Quit: This form is for Tenants that are behind on rent and a necessary step prior to filing for eviction.
- California 3-Day Notice to Perform or Quit: If you have a Tenant that is breaking the Lease but the violation can be fixed, this is the form you need.
- California Notice to Reclaim Abandoned Property: If a Tenant leaves unclaimed property in a rental unit that appears to be worth more than $700, this form is required.
- California Notice of Belief of Abandonment: If a Tenant has missed at least 14 days of rent and you believe they have abandoned the property, this notice must be sent to Tenants.
- California Unlawful Detainer Complaint: This is the complaint Landlords use to officially initiate eviction proceedings. This can be used when a Tenant has violated the Lease Agreement and been served proper notice.
- California AB 1482 Rent Control & Eviction Exemption Form: California Landlords must provide Tenants with this Notice of Exemption if their property is exempt from the requirements of California AB 1482. California Accessibility and Americans with Disabilities Act: A landlord should include this form in a commercial lease to state whether or not the premises has been inspected by a Certified Access Specialist.
- California Energy Disclosure: Use this form in a commercial lease to confirm that the energy consumption and benchmarking disclosure were provided to the tenant.
- California Flood Disclosure: This form is an easy way for California Landlords to comply with required statewide flood disclosures and to give Tenants all necessary notice of flood risks.
- California AB 1482: The California Tenant Protection Act requires this document, a written disclosure concerning two requirements: 1. Limits on rent increases and 2. a statement of cause in notices to terminate a tenancy.
- California Water Meter Disclosure: California Landlords that charge Tenants separately for water usage or those required to use water submeters must provide Tenants with a Water Meter Disclosure.
- Information on Dampness and Mold for Renters in California: Information on Dampness and Mold for Renters in California
- 15 Day Notice to Pay or Quit: This form provides the language required for a California Landlord to initiate eviction proceedings pursuant to CA AB 3088, including the required attachment of a Declaration of COVID-19-Related Financial Distress.
- California Guide to Residential Tenants’ And Landlords’ Rights And Responsibilities: This is the California Guide to Residential Tenants' And Landlords' Rights And Responsibilities.
- California Rental Application: This Rental Application will provide the landlord with the necessary information about the inquiring applicants, excluding the marital status question.
- California Family Daycare Q&A for Landlords: An informative guide for the landlord regarding the requirements needed for a tenant to run a home daycare in a rental property.
- California Non-Residential Building Energy Disclosure Program Information: California Landlords who rent non-residential property must comply with the California Nonresidential Building Energy Use Disclosure Program.
- California Notice of Pest Control Treatment: California Landlords are required to give renters notice any time the Landlord uses pesticides to treat a rental unit. Ours is EZ to customize & download.
- California Quitclaim Deed: This California Quitclaim Deed complies with California's legal requirements and allows owners to transfer their housing ownership to others.
- Declaration of COVID-19-Related Financial Distress: This form provides the language required for a California Landlord to initiate eviction proceedings pursuant to CA AB 3088, including the required attachment of a Declaration of COVID-19-Related Financial Distress.