A 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:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis upon which the tenancy will terminate, and the corrective action the tenant must take to prevent this
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- 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:
- Hand delivery to the tenant
- 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
- 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.
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 Cal. Code Civ. Proc. § 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 Cal. Code Civ. Proc. § 1013(a)
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Source Link
Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court.
