A California 3 Day Notice To Quit is a letter that complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. The tenant must pay the balance due or move out within three (3) judicial days (i.e., not counting weekends or court holidays) of receiving notice.
When To Use a California 3 Day Notice To Quit
A California 3 Day Notice To Quit begins the eviction process when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent is unpaid on the day after it’s normally due.
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 Quit
To help ensure the legal compliance of a Notice To Quit:
- 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 payment amount required to avoid termination
- 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 Quit
California landlords may deliver a Notice To Quit using any of these methods:
- Hand delivery to the other party at their residence or usual place of business
- Only if direct hand delivery fails: Hand delivery to a person of suitable age on the property who can accept the notice on behalf of the other party, PLUS delivery by regular mail
- Only if both direct AND indirect hand delivery fail: Posting at a conspicuous place on the premises, such as the entry door, PLUS delivery by regular mail, PLUS (if possible) handing a copy of the notice to a person who resides at the property
To account for variable delivery times, mailed notice extends the notice period by five (5) calendar days.
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