A California 3 Day Notice to Quit is a legal eviction form written by the landlord and served to the tenant for nonpayment of rent. The tenant has the option to pay the balance due or vacate the premises within three (3) judicial days (not counting weekends or court holidays).
When to Use a California 3 Day Notice to Quit
Use a 3-Day Notice to Quit to begin the eviction process in California if the tenant is late on rent (starting the day after it’s due), either in part or in full.
If the above is not true, use one of the below forms to evict a tenant:
- 3 Day Notice to Perform Covenants or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner, refused to allow the landlord access, damaged property, has unauthorized pets, disturbed the peace and enjoyment of other persons, violated rules with too many occupants at the premises or any other violations of the lease or property rules.
- 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 Quit
The Three (3) Day Notice to Quit form for shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Enter the amount of rent due and the date it became due;
- Include the total balance due of rent;
- Enter the date the total amount is due or the date the tenant must vacate the premises;
- Include where or how the total amount due is to be paid;
- Landlord includes their name, full address and phone number;
- Landlord prints their name and signs the notice.
How to Serve a California 3 Day Notice to Quit
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 § 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 - 2 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