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Landlord Guide 3 day Notice
A landlord can use a written three-day notice (eviction notice) if the tenant has done any of the following:281
- Failed to pay the rent.
- Violated any provision of the lease or rental agreement.
- Materially damaged the rental property (“committed waste”).
- Used the premises for an unlawful purpose.
- Substantially interfered with other tenants (“committed a nuisance”).
- Committed domestic violence or sexual assault against, or stalked another tenant or subtenant on the premises.282
- Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs.283
- Unlawful conduct involving weapons or ammunition.284
If the landlord gives the tenant a three-day notice because the tenant hasn’t paid the rent, the notice must accurately state the amount of rent that is due. In addition, the notice must state:
- The name, address and telephone number of the person to whom the rent must be paid.
- If payment may be made in person, the usual days and hours that the person is available to receive the rent payment. If the address does not accept personal deliveries, then you can mail the rent to the owner at the name and address stated in the three-day notice. If you can show proof that you mailed the rent to the stated name and address (for example, a receipt for certified mail), the law assumes that the rent payment is received by the owner on the date of postmark.
- Instead, the notice may state the name, street address and account number of the financial institution where the rent payment may be made (if the institution is within five miles of the unit). If an electronic fund transfer procedure was previously established for paying rent, payment may be made using that procedure.285
The landlord normally cannot require that the tenant pay the past-due rent in cash.
If the three-day notice is based on one of the other seven conditions listed on page 67, the notice must either describe the tenant’s violation of the lease or rental agreement, or describe the tenant’s other improper conduct. The three-day notice must be properly served on the tenant.
Depending on the type of violation, the three- day notice demands either (1) that the tenant correct the violation or leave the rental unit, or (2) that the tenant leave the rental unit. If the violation involves something that the tenant can correct (for example, the tenant hasn’t paid the rent, or the tenant has a pet but the lease doesn’t permit pets), the notice must give the tenant the option to correct the violation.
Failing to pay the rent, and most violations of the terms of a lease or rental agreement, can be corrected. In these situations, the three-day notice must give the tenant the option to correct the violation. However, the other conditions listed on page 67 cannot be corrected, and the three- day notice can simply order the tenant to leave at the end of the three days.
If you pay the rent that is due or correct a correctable violation of the lease or rental agreement during the three-day notice period, the tenancy continues.286 If you attempt to pay all the past-due rent demanded after the three- day period expires, the landlord can either file a lawsuit to evict you or accept the rent payment. If the landlord accepts the rent, the landlord waives (gives up) the right to evict you based on late payment of rent.287
281 Code of Civil Procedure Section 1161(2)-(4).
282 Code of Civil Procedure Section 1161(4). Civil Code Section 1946.7.
283 Code of Civil Procedure Section 1161(4). Health and Safety Code Section 11571.1; California Landlord-Tenant Practice, Section 3.7 (Cal. Cont. Ed. Bar 2009).
284 Code of Civil Procedure Section 1161(4), Civil Code Section 3485(a).
285 Code of Civil Procedure Section 1162 paragraph 2. See California Practice Guide, Landlord-Tenant, Paragraphs 7:104.10-7:104.12,
7:119.3-7:110.4 (Rutter Group 2006).
286 Code of Civil Procedure Section 1161(3).
287 EDC Associates Ltd. v. Gutierrez (1984) 153 Cal.App.3d 167 [200 Cal.Rptr. 333].
You might also want to read:
- Landlords Guide to Proper Services of Notices A landlord’s three-day, 30-day, or 60-day notice to a tenant must be “served” properly to be legally effective. The terms “serve” and “service” refer to procedures required by the law.......
- Tenants Guide to Responding to 3 Day Notice Suppose that your landlord properly serves you a three-day notice because you haven’t paid the rent. You must either pay the full amount of rent that is due or vacate......
- Tenants Guide to Landlord Terminating Tenancy A landlord can terminate (end) a month-to- month tenancy simply by giving the tenant 30 days’ or 60 days’ advance written notice. However, the landlord can terminate the tenancy by......
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Evicting tenants is one of the harder aspects of being a home property management professional. As long as you follow your state’s law, you will have the force of law on your site.