Three-Day Notice to Perform Covenants or Quit (California)

THREE-DAY NOTICE TO PERFORM COVENANTS OR QUIT

(California Code of Civil Procedure § 1161(3); for residential 12+ month tenancies, also Civ. Code § 1946.2(c))

TABLE OF CONTENTS

1. Identification of Parties and Premises
2. Description of Lease and Term
3. Specification of Breach
4. Demand to Cure or Quit
5. Reservation of Rights
6. AB 1482 Just-Cause Statement (Residential 12+ Months)
7. Signature Block
8. Proof of Service
9. California Practice Notes
10. Sources and References

1. IDENTIFICATION OF PARTIES AND PREMISES

TO: [TENANT'S FULL LEGAL NAME], and all other persons in possession of the premises commonly known and described as:

[STREET ADDRESS], [UNIT/APT NUMBER, IF ANY], [CITY], California [ZIP CODE] (the "Premises").

FROM: [LANDLORD'S / OWNER'S / AGENT'S FULL LEGAL NAME], [LANDLORD or AUTHORIZED AGENT FOR LANDLORD].

2. DESCRIPTION OF LEASE AND TERM

You currently occupy the Premises pursuant to a written or oral rental agreement (the "Lease") dated [__/__/____], between Landlord (or Landlord's predecessor in interest) and you, at a current monthly rent of $[__________].

3. SPECIFICATION OF BREACH

YOU ARE HEREBY NOTIFIED that you are in breach of the following covenant(s) and condition(s) of the Lease:

Lease Section / Provision Violated: [E.G., "PARAGRAPH 12 — UNAUTHORIZED OCCUPANTS"]

Description of the Breach (with reasonable particularity, including dates, conduct, and observed facts):

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

The conduct described above is curable by: [E.G., "REMOVING THE UNAUTHORIZED OCCUPANT FROM THE PREMISES," "REMOVING THE PET FROM THE PREMISES," "DISCONTINUING THE OPERATION OF A BUSINESS FROM THE PREMISES"].

4. DEMAND TO CURE OR QUIT

WITHIN THREE (3) DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND OTHER JUDICIAL HOLIDAYS, after service of this Notice on you, you are required either:

☐ (a) to CURE (i.e., perform) the covenant(s) and condition(s) of the Lease specified in Section 3 above, by taking the corrective action there described; OR

☐ (b) to QUIT and surrender possession of the Premises to the Landlord.

If you fail to do either, legal proceedings will be instituted against you to recover possession of the Premises, to declare the forfeiture of the Lease, and to recover rent, damages, costs of suit, and attorneys' fees (where authorized by contract or statute) — pursuant to Code of Civil Procedure §§ 1161 et seq.

5. RESERVATION OF RIGHTS

The Landlord reserves all rights and remedies under the Lease and California law, including the right to recover damages, attorneys' fees (where authorized), and possession of the Premises if the breach is not cured. Acceptance of rent after service of this Notice shall not be deemed a waiver of this Notice unless expressly so stated by the Landlord in a separate signed writing.

This Notice is not intended as, and shall not be construed as, retaliation for any protected tenant activity, including any complaint to a governmental agency or any exercise of rights under Civil Code § 1942.5.

6. AB 1482 JUST-CAUSE STATEMENT (RESIDENTIAL 12+ MONTHS)

This Notice is served pursuant to California Civil Code § 1946.2(c) as the required pre-quit notice giving the tenant the opportunity to cure, prior to any subsequent unconditional three-day notice to quit. The Landlord asserts the following at-fault just cause for termination if the breach is not cured:

☐ § 1946.2(b)(1)(B): Breach of a material term of the lease that has not been cured after written notice.

☐ § 1946.2(b)(1)(C): Maintaining, committing, or permitting the maintenance or commission of a nuisance.

☐ § 1946.2(b)(1)(D): Committing waste.

☐ § 1946.2(b)(1)(F): Assigning or subletting the premises in violation of the lease.

☐ § 1946.2(b)(1)(G): Refusing the owner reasonable access as authorized by Civ. Code §§ 1101.5, 1954, or court order.

☐ § 1946.2(b)(1)(H): Using the premises for an unlawful purpose.

☐ § 1946.2(b)(1)(I): Failure of an employee, agent, or licensee to vacate after termination of employment.

☐ § 1946.2(b)(1)(J): Failure to deliver possession after written notice of termination by the tenant.

If you wish to challenge the Landlord's right to terminate, you may consult an attorney or contact a local legal aid program. Information about your rights as a California renter is available from the California Civil Rights Department (civilrights.ca.gov) and from your local rent board (if applicable).

7. SIGNATURE BLOCK

Dated: [__/__/____]

By: [________________________________]
[PRINTED NAME]
[TITLE — e.g., "Owner," "Property Manager," "Authorized Agent for Owner"]
[MAILING ADDRESS]
[CITY, CA ZIP]
[TELEPHONE]
[EMAIL, IF APPLICABLE]

8. PROOF OF SERVICE

(California Code of Civil Procedure §§ 1162, 1013)

I, [SERVER'S FULL NAME], declare:

I am over the age of 18 years and not a party to this action. My business or residence address is [ADDRESS].

On [__/__/____] at approximately [__:__] ☐ a.m. ☐ p.m., I served the foregoing THREE-DAY NOTICE TO PERFORM COVENANTS OR QUIT on [TENANT NAME] in the manner indicated below (CCP § 1162(a)):

☐ Personal delivery. I personally delivered a copy of the Notice to the tenant named above at [STREET ADDRESS], [CITY, CA].

☐ Substituted service. Because the tenant was not present at the residence or usual place of business, I left a copy with [NAME OR DESCRIPTION], a person of suitable age and discretion, at [ADDRESS], AND on [__/__/____] I mailed a copy by first-class mail, postage prepaid, to the tenant at the Premises.

☐ Post and mail. Because no person of suitable age and discretion could be found at either the residence or place of business, I posted a copy in a conspicuous place at the Premises ([DESCRIBE LOCATION]), AND on [__/__/____] I mailed a copy by first-class mail, postage prepaid, to the tenant at the Premises.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], California.

[________________________________]
[PRINTED NAME OF SERVER]
Signature

9. CALIFORNIA PRACTICE NOTES

1. Curable vs. incurable. CCP § 1161(3) addresses CURABLE breaches; CCP § 1161(4) addresses INCURABLE breaches (nuisance, waste, unlawful purpose, drug-related criminal activity per § 3486, gang activity per § 3482.8, weapons activity per § 3485). The cure-or-quit notice is appropriate for breaches that can in fact be undone (e.g., remove unauthorized occupant or pet, discontinue prohibited business, restore altered fixture). For incurable conduct, use an unconditional three-day notice to quit and do NOT offer cure.

2. Specificity of breach. The notice must describe the breach with sufficient particularity to allow the tenant to identify the conduct and cure it. Vague language ("you have violated the lease") is fatal. Cite the lease section, describe the observed facts, and identify the curative act.

3. AB 1482 cure-then-quit two-step. For residential tenancies of 12+ months covered by Civ. Code § 1946.2, the landlord must first give the opportunity to cure (this notice). If the tenant fails to cure within 3 business days, the landlord may then serve a separate unconditional three-day notice to quit. The unlawful detainer complaint must attach BOTH notices (Civ. Code § 1946.2(c); CCP § 1166).

4. Counting the three days. Saturdays, Sundays, and judicial holidays are excluded from the count (AB 2343, operative Sept. 1, 2019). The day of service is not counted.

5. Acceptance of rent waiver. Acceptance of rent after notice but before expiration of the cure period generally waives the notice unless a written non-waiver agreement is in place. Acceptance of rent for a period AFTER expiration of the cure period waives the breach for any conduct preceding the period for which rent is accepted.

6. Anti-retaliation. Civ. Code § 1942.5 creates a rebuttable presumption of retaliation if the landlord serves a termination notice within 180 days after a tenant's protected activity (habitability complaint, government complaint, code-enforcement inspection, organizing a tenant union, or initiating tenantability litigation). Document the legitimate, non-retaliatory basis contemporaneously.

7. Local ordinances. Many California rent-control / just-cause cities require additional notice content or filing of the notice with the local rent board (e.g., SF Rent Ordinance § 37.9(a), LA RSO Mun. Code § 165.05, Oakland O.M.C. § 8.22.360, Berkeley BMC § 13.76.130, San Jose Mun. Code § 17.23.510). Verify local requirements before service.

8. Pet violations and reasonable accommodation. A "pet" violation may be lawful if the animal is an emotional support animal or service animal under FEHA (Cal. Gov. Code § 12955) or the federal FHA (42 U.S.C. § 3604). Confirm that no reasonable-accommodation request is pending before serving.

9. Unauthorized occupant violations and family-status protections. A breach based on unauthorized occupants must not run afoul of FEHA's "familial status" protected class (Gov. Code § 12955). A landlord may regulate occupancy, but cannot use occupancy violations as pretext for excluding families with children or for evicting because a tenant has a baby.

10. Service before close of business. Best practice is to serve during business hours; service after close of business may push the count to the next day.

10. SOURCES AND REFERENCES

• California Code of Civil Procedure § 1161 (current text): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1161.&lawCode=CCP
• California Civil Code § 1946.2 (Tenant Protection Act of 2019, as amended by SB 567): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.2.&lawCode=CIV
• California Civil Code § 1942.5 (anti-retaliation): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1942.5.&lawCode=CIV
• California Government Code § 12955 (FEHA — housing discrimination): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12955.&lawCode=GOV
• California Code of Civil Procedure § 1162 (service of notices): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1162.&lawCode=CCP
• AB 2343 (2018) — three-business-day amendment: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB2343
• SB 567 (2023) — amendments to § 1946.2 effective April 1, 2024: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB567
• California Department of Justice — Tenant Protection Act consumer alert: https://oag.ca.gov/system/files/media/Tenant-Protection-Act-Landlords-and-Property-Managers-English.pdf
• California Courts self-help — eviction overview: https://selfhelp.courts.ca.gov/eviction-landlord

END OF NOTICE