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.
Sources
- 1 CA Civ Pro Code § 1161(3)
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When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.
Source Link - 2 CA Civ Pro Code § 1162
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The notices required by Sections 1161 and 1161a may be served by any of the following methods:
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.
(3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.
Source Link - 3 California - Notice Delivery by Mail
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For “service by mail”:
- Service by mail is complete 5 days after the papers are mailed