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

THREE-DAY NOTICE TO PERFORM COVENANTS OR QUIT

(California Code of Civil Procedure § 1161(3); Civil Code § 1946.2(c) also applies when the tenancy is covered by that section)

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. Any effect of accepting rent after service of this Notice is governed by applicable law.

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. JUST-CAUSE STATEMENT

If this tenancy is subject to California Civil Code § 1946.2 and the breach described in Section 3 is a curable lease violation, this Notice gives the tenant the opportunity to cure under subdivision (c). If it is not cured within the notice period, the owner may then serve a separate three-day notice to quit without an opportunity to cure.

☐ The curable lease violation described in Section 3 is a breach of a material lease term within § 1946.2(b)(1)(B).

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 absent from both the residence and usual place of business, I left a copy with [NAME OR DESCRIPTION], a person of suitable age and discretion, at [RESIDENCE OR BUSINESS ADDRESS], AND on [__/__/____] I mailed a copy addressed to the tenant at the residence.

☐ Post and mail. Because the tenant's residence and business could not be ascertained, or no person of suitable age and discretion could be found there, I posted a copy in a conspicuous place at the Premises ([DESCRIBE LOCATION]), delivered a copy to [RESIDENT NAME / NO RESIDENT FOUND], AND on [__/__/____] I mailed a copy addressed 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. Choose the correct notice. CCP § 1161(3) supplies a notice to perform lease conditions or quit. CCP § 1161(4) separately addresses specified assignment or subletting, waste, nuisance, and unlawful use with a three-day notice to quit. Use this form only when the described lease breach can be cured under § 1161(3).

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. Civil Code § 1946.2(c). When that section applies to a curable lease violation, the owner must first provide an opportunity to cure under CCP § 1161(3). If the violation remains uncured after the notice period, the owner may serve a separate three-day notice to quit without a further opportunity to cure. Keep copies and service records for both notices.

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. Accepting rent after service may affect enforcement of the notice. Review the timing and applicable law before accepting a payment while this notice is pending.

6. Anti-retaliation. Civ. Code § 1942.5(a) restricts specified landlord actions within 180 days after listed tenantability complaints, inspections, or proceedings when the tenant is not in rent default and the action is retaliatory. Subdivision (d) separately prohibits retaliation for lawful tenant organizing or exercise of rights without that 180-day limit. Document the protected event, rent status, timing, and lawful ground.

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 LAMC § 151.09.C.9 and separate LA JCO LAMC § 165.05.B.5, Oakland O.M.C. § 8.22.360, Berkeley BMC § 13.76.130, San Jose Mun. Code § 17.23.510). LAHD requires filing notices covered by either Los Angeles ordinance within three business days of service. 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. 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