3-Day Notice in California: A Complete Landlord’s Guide

What a 3-Day Notice Is

A 3-day notice is a legal document served on a tenant for a serious lease breach in California. This mandatory first step in the eviction process gives tenants exactly 3 calendar days to cure the violation or vacate the property before legal proceedings can begin.

Types of 3-Day Notices

Are there different types of 3-day notices?

Yes. California distinguishes among the Pay Rent or Quit, Perform Covenant or Quit, and Quit (incurable breach) notices. Each has specific requirements and consequences.

The 3-Day Notice Timeline

How to Serve a 3-Day Notice Correctly

California accepts three delivery methods: personal service, substitute service with mailing, and post & mail. The method you choose affects your ability to prove proper service in court.

Key Notice Contents

• Tenant names and full property address

• Exact breach or rent amount due

• Statement granting 3 calendar days to cure or quit

• Landlord's name, signature, and date

Which service method is the best?

Personal service leaves the least room for dispute and provides the strongest evidence in court. Use substitute or posting & mailing only when personal service isn't possible.

Can I email or text the notice instead?

No. Email or text alone doesn't satisfy statutory service requirements in California. You must use one of the three approved methods: personal service, substitute service with mailing, or post & mail.

Common Mistakes That Void a 3-Day Notice

Tenant Rights Under a 3-Day Notice

Tenants can cure, dispute inaccuracies, or raise defenses such as habitability, retaliation, or discrimination. Understanding these rights helps you prepare a stronger case and avoid dismissal.

What is a habitability defense?

If the unit has serious health or safety issues (broken heating, pest infestation, mold), a tenant may argue rent was rightfully withheld. Courts may reduce or eliminate rent owed if habitability was compromised.

Alternatives to Eviction

Eviction is expensive, time-consuming, and uncertain. Consider alternatives that may resolve the situation faster with less stress and expense.

Is a mediated agreement binding?

Yes—once both parties sign, it becomes enforceable and can be filed with the court as a stipulated judgment. This provides security for landlords and clarity for tenants.

Illegal Lockouts & Utility Shutoffs

Changing locks, removing doors, or cutting utilities to force tenants out is illegal self-help eviction in California. Penalties include actual damages, statutory damages up to $100/day, attorney fees, and potential criminal charges.

Frequently Asked Questions

What exactly constitutes a lease violation?

Common breaches include nonpayment of rent, unauthorized occupants or pets, property damage, illegal subletting, nuisance behavior, and illegal activity on premises.

When does the 3-day clock start ticking?

The day after the notice is served is Day 1. The service day itself is not counted. For example, if served Monday, counting begins Tuesday.

What happens if the tenant fixes the issue within 3 days?

If the violation is fully cured (for example, overdue rent is paid in full), the notice expires and you cannot proceed with eviction based on that notice.

Can partial rent payments void the notice?

Accepting partial payment can nullify the notice or restart the timeline unless you have a written agreement specifying otherwise. Consult an attorney before accepting any partial payment.

Do weekends count in the 3-day period?

Yes. Calendar days are used, including weekends. If the third day lands on a court holiday, the deadline extends to the next court day.

Is it cheaper to sell than to pursue eviction?

Often, yes—especially when facing contested evictions or costly repairs. A fast, cash sale eliminates legal fees, court time, and holding costs while letting you move on immediately.

Need Help With a Problem Tenant?

If you're tired of dealing with non-paying tenants, eviction hassles, or property damage, we can help. Fast Home Buyer California purchases rental properties with tenants in place—no eviction required, no repairs needed, and you can close in as little as 7 days.