California 3 Day Notice To Perform Covenants or Vacate

Last Updated: April 4, 2024 by Roberto Valenzuela

California 3 Day Notice To Perform Covenants or Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for a lease violation, such as causing minor property damage. The tenant must take appropriate corrective action or else move out within three (3) judicial days (i.e., not counting weekends or court holidays) of receiving notice.

When To Use a 3 Day Notice To Perform Covenants or Vacate

A California 3 Day Notice To Perform Covenants or Vacate begin the eviction process against a tenant who has committed one of the following violations:

  • Failure to maintain the premises in a clean and sanitary manner
  • Refusal to allow the landlord access to the premises
  • Allowing unauthorized occupants or pets to reside at the premises
  • Causing minor property damage
  • Disturbing the quiet enjoyment of neighbors

Some types of California lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a California 3 Day Notice To Perform Covenants or Vacate

To help ensure the legal compliance of a Notice To Perform Covenants or Vacate:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the basis upon which the tenancy will terminate, and the corrective action the tenant must take to prevent this
  3. Specify the termination date of the lease or tenancy
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve a California 3 Day Notice To Perform Covenants or Vacate

California landlords may deliver an initial written Notice To Perform Covenants or Vacate through any of the following methods:

  1. Hand delivery to the tenant
  2. If the tenant is absent from the residence and the tenant’s usual place of business: Hand delivery to a person of suitable age at either the residence or usual place of business, PLUS delivery by mail to the tenant’s residence
  3. If all forms of hand delivery fail: Posting the notice to a conspicuous place on the property, PLUS delivery by mail to the property, addressed to the tenant, PLUS (if possible) handing the notice to a person residing on the property

California considers service by mail to take place five (5) calendar days after mailing.

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.