A California 3 Day Notice to Perform Covenants or Vacate is an eviction document delivered to the tenant for a lease violation, such as unauthorized occupants or pets. This notice allows the tenant to correct the breach or move out within three (3) judicial days (not counting weekends or court holidays).
When to Use a 3 Day Notice to Perform Covenants or Vacate
Use a 3-Day Notice to Perform Covenants or Vacate to begin the eviction process in California:
- If the tenant failed to maintain the premises in a clean and sanitary manner.
- If the tenant refused to allow the landlord access to the premises.
- If the tenant violated the rules with too many occupants at the premises.
- If the tenant has unauthorized pets in the rental unit.
- If the tenant damaged property.
- If the tenant disturbed the peace and enjoyment of other persons on the premises.
- If the tenant committed any other violations of the lease or rules and regulations.
If none of the above are true, use one of the below forms to evict a tenant:
- 3 Day Notice to Quit -If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 3 Day Notice to Vacate – If the tenant is involved in illegal drug activity, engaged in or promoted prostitution, committed substantial property damage, or committed a criminal offense or nuisance.
- 30 Day Notice to Vacate – If the tenant does not want to renew the lease or to terminate any other tenancy that is less than one (1) year, with or without a written lease.
How to Write a California 3 Day Notice to Perform Covenants or Vacate
The Three (3) Day Notice to Perform Covenants or Vacate shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the lease or rule violation;
- Enter the balance due, if applicable;
- Include the date lease violations must be corrected or the date tenancy terminates if not remedied;
- Enter the date the notice is served;
- Landlord prints their name and signs the notice;
- Landlord includes their full address and phone number.
How to Serve a California 3 Day Notice to Perform Covenants or Vacate
A landlord can deliver notices in California using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age at the property AND mailing the notice by certified or registered mail with a return receipt;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add five (5) additional calendar days to the notice period to account for variability in post office delivery times.