What a 3-Day Notice Is
A 3-day notice is a legal document served on a tenant for a serious lease breach—most commonly nonpayment of rent. It orders the tenant to cure the violation or vacate within three calendar days, setting the stage for an unlawful detainer (eviction) suit if they fail to comply.
Types of 3-Day Notices
- Pay Rent or Quit – for unpaid rent.
- Perform Covenant or Quit – for curable breaches such as unauthorized pets.
- Quit (Incurable) – for serious, non-curable violations like illegal activity.
Are there different types of 3-day notices?
Yes. California distinguishes among the Pay Rent or Quit, Perform Covenant or Quit, and Incurable Quit notices, each tailored to a specific category of lease violation.
Why the 3-Day Notice Exists
The notice balances landlord and tenant interests. Landlords receive a swift remedy for breaches, while tenants get a final chance to fix the problem or move without an eviction on their record.
Does a 3-day notice always precede an eviction lawsuit?
Yes—unless another statutory notice (e.g., 30- or 60-day) applies. A valid 3-day notice is a prerequisite to filing an unlawful detainer for breach during tenancy.
Top Reasons to Serve a 3-Day Notice
- Rent Default
- Unauthorized Use
- Property Damage
- Nuisance or Illegal Activity
How overdue must rent be before I serve the notice?
You can serve the notice the first day rent is late unless your lease provides a grace period.
How to Serve a 3-Day Notice Correctly
California accepts three delivery methods: personal service, substitute service plus mailing, and posting & mailing (“nail and mail”). Correct service is critical; a defective notice can derail the entire eviction case.
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. Use substitute or posting & mailing only if personal service isn’t practical.
Landlord Options After the 3-Day Period
After the waiting period, confirm whether the tenant cured the breach. If not, you may file an unlawful detainer, negotiate (e.g., payment plan or cash for keys), or even sell the property during the process.
Do I need a lawyer to file an eviction?
Many landlords hire attorneys, especially in tenant-friendly jurisdictions, but self-representation is allowed.
Common Mistakes That Void a 3-Day Notice
- Miscounting dates
- Incorrect rent demand
- Omitting tenant names or address
- Improper service
Can I email or text the notice instead?
No. Email or text alone doesn’t satisfy statutory service requirements in California.
Tenant Rights Under a 3-Day Notice
Tenants can cure, dispute inaccuracies, or raise defenses such as habitability, retaliation, or discrimination. Documentation is crucial for landlords to refute these claims.
What is a habitability defense?
If the unit has serious health or safety issues, a tenant may argue rent was rightfully withheld until repairs are made.
Digital Tools: E-Filing and E-Service
Some California counties allow online filing and, with consent, electronic service. While convenient, e-service can be risky if a tenant claims they never received the notice.
Documentation Best Practices
Maintain leases, payment ledgers, bank statements, maintenance logs, and all correspondence for at least four years. After verbal discussions, send a written recap to create a clear record.
Consider Mediation or Settlement
Mediation can produce payment plans, move-out dates, or cash-for-keys deals—often faster and cheaper than court.
Is a mediated agreement binding?
Yes—once both parties sign, it becomes enforceable and can be filed with the court.
Illegal Lockouts & Utility Shutoffs
Changing locks, removing doors, or cutting utilities to force tenants out is illegal self-help. Violations can lead to tenant lawsuits and statutory penalties.
Business Days vs. Calendar Days
The 3-day period uses calendar days. Count weekends; extend only if the final day is a court holiday.
Do weekends count toward the deadline?
Yes. The only exception is when the third day falls on a court holiday, in which case the deadline moves to the next business day.
FAQs About the 3-Day Notice in CA
Special rules may apply to seniors in rent-controlled units, overlapping notices are discouraged, and free legal resources exist in many counties.
Wrapping Up on the 3-Day Notice
A precise 3-day notice is central to any California eviction. If repeated tenant issues or costly repairs make ownership untenable, consider an as-is sale to Fast Home Buyer California to exit quickly and avoid further headaches.
Other Common Reader Questions
Landlords often ask about selling while behind on payments, closing timelines (7–14 days), purchasing properties needing major repairs, coverage across rural areas, flexible move-out terms, and impacts of new eviction moratoriums.
Final Thoughts
The 3-Day Notice is powerful but technical. Whether you pursue eviction, mediation, or a direct cash sale, ensure every step meets California’s strict legal standards.
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COMMON READER QUESTIONS
What exactly constitutes a lease violation?
Common breaches include nonpayment of rent, unauthorized occupants or pets, property damage, nuisance or illegal activity, and any other conduct that violates specific lease terms.
Are there different types of 3-day notices?
Yes. California recognizes a 3-Day Notice to Pay Rent or Quit, a 3-Day Notice to Perform Covenant or Quit, and a 3-Day Notice to Quit (incurable) for serious violations like illegal activity.
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.
What happens if the tenant fixes the issue within 3 days?
If the violation is fully cured (for example, overdue rent is paid), the notice is satisfied and the landlord generally cannot proceed with eviction on that ground.
What service method is safest?
Personal service provides the strongest proof. If the tenant is evasive, substitute service or posting & mailing are acceptable alternatives when done correctly.
Can partial rent payments void the notice?
Accepting partial payment can nullify the notice or restart the timeline unless you clearly state in writing that eviction rights are not waived.
Are illegal lockouts ever allowed once 3 days expire?
No. Landlords must obtain a court-issued writ of possession and have the sheriff perform the lockout. Self-help evictions carry heavy penalties.
Do weekends count in the 3-day period?
Yes. Calendar days are used. If the third day lands on a court holiday, the deadline rolls to the next business day.
Is it cheaper to sell than to pursue eviction?
Often, yes—especially when facing contested evictions or costly repairs. A fast, as-is sale to a cash buyer can eliminate court fees, attorney costs, and months of stress.
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