Three-Day Notice to Pay Rent or Quit (California)

THREE-DAY NOTICE TO PAY RENT OR QUIT

(California Code of Civil Procedure § 1161(2))

TABLE OF CONTENTS

1. Identification of Parties and Premises
2. Statement of Rent Due
3. Demand to Pay or Quit
4. Payment Instructions
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. STATEMENT OF RENT DUE

YOU ARE HEREBY NOTIFIED that rent is now due and unpaid for the Premises in the total amount of $[____________] (the "Amount Due"), itemized as follows:

All rent stated above became due within ONE (1) YEAR before the date of service of this Notice, as required by Code of Civil Procedure § 1161(2).

3. DEMAND TO PAY 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 PAY the Amount Due in full to the Landlord or to the person identified in Section 4 below; 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 rental agreement or lease under which you occupy the Premises, 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.

4. PAYMENT INSTRUCTIONS

Payment of the Amount Due may be made as follows:

Person to whom payment is to be made: [NAME OF LANDLORD OR DESIGNEE]

Street address for personal delivery (NOT a P.O. box): [STREET ADDRESS, CITY, CA ZIP]

Days available for personal payment: [DAYS OF WEEK]

Hours available for personal payment: [START TIME] to [END TIME]

Telephone number: [(___) ___-____]

☐ Payment by MAIL to the address above is permitted; payment is deemed timely if mailed before expiration of the notice period (mailbox rule applies — see Civ. Code § 1962 and Levitz Furniture).

☐ Payment by ELECTRONIC FUNDS TRANSFER is permitted to the following account: [BANK NAME, ROUTING #, ACCOUNT #, OR PAYMENT-PORTAL URL].

5. RESERVATION OF RIGHTS

Nothing in this Notice waives any other ground for termination of the tenancy or any other claim that the Landlord has or may have. The Landlord reserves all rights and remedies under the rental agreement and California law, including but not limited to recovery of rent that becomes due after the date of this Notice.

State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out (Civ. Code § 1983 mandatory advisory).

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

This Notice is served pursuant to California Civil Code § 1946.2(b)(1)(A) (the Tenant Protection Act of 2019, as amended by SB 567 (Stats. 2023, Ch. 290)). The Landlord asserts the following at-fault just cause for termination:

Default in the payment of rent.

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 Department of Real Estate, 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 PAY RENT 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 — e.g., affixed to front door]), 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. Counting the three days. AB 2343 (operative Sept. 1, 2019) amended CCP § 1161(2) so that Saturdays, Sundays, and judicial holidays are excluded from the 3-day cure window. The day of service is not counted (CCP § 12). Example: personal service on Friday — day 1 is Monday, day 2 is Tuesday, day 3 is Wednesday. The tenant has until 11:59 p.m. on day 3 to tender payment.

2. Strict construction. California courts strictly construe pay-or-quit notices against the landlord. Defects that have been held fatal include: overstatement of rent, demand for non-rent charges, missing payment-receipt address or hours, demanding rent more than 12 months old, naming the wrong party, ambiguity as to the amount due, and failure to provide phone number.

3. AB 1482 (Tenant Protection Act). For residential tenancies of 12+ months that are not exempt under Civ. Code § 1946.2(e), the notice must state the just cause. Non-payment of rent is enumerated at-fault just cause under Civ. Code § 1946.2(b)(1)(A).

4. AB 1482 exemption notice. For exempt single-family homes/condos (owner is a natural person or LLC of natural persons), the lease must contain a 12-point-type exemption notice in the form prescribed by Civ. Code § 1947.12(d)(5). Without it, the property is treated as covered by AB 1482.

5. Local ordinances. Los Angeles RSO, City of LA Just Cause (Mun. Code § 165), San Francisco Rent Ordinance, Oakland Just Cause (O.M.C. 8.22.300 et seq.), Berkeley Rent Stabilization Ordinance, San Jose ARO/TPO, Santa Monica Rent Control Charter Amendment, West Hollywood, Beverly Hills, Culver City, Pasadena, Inglewood, Mountain View, Richmond, Hayward, and Glendale all impose additional notice or filing requirements. Many require: (i) registration of the unit; (ii) filing the notice with the local rent board; (iii) a statement of just cause that may differ from Civ. Code § 1946.2; and (iv) longer cure or notice periods.

6. Federal CARES Act overlay. For "covered properties" with federally backed mortgages or that participate in covered federal housing programs, 30 days' notice to vacate is required under 15 U.S.C. § 9058 even after a 3-day pay-or-quit. The 30-day requirement remains in effect for these properties.

7. Service before close of business. While CCP § 1162 does not explicitly require service before close of business, courts have held that service after business hours pushes the count to the next day. Best practice is to serve during business hours.

8. Partial payment and waiver. Acceptance of any portion of the past-due rent after service waives the notice unless the landlord and tenant agree in writing that the partial payment does not waive the notice (Civ. Code § 1947.3 and case law). Use a written non-waiver agreement before accepting partial payment.

9. COVID-era residual. AB 832 and the COVID-19 Tenant Relief Act (CCP § 1179.01 et seq.) imposed additional pre-suit declaration and notice requirements for rent that came due between March 1, 2020 and September 30, 2021. These declarations remain a defense in some cases; verify whether any portion of the demanded rent falls within that window.

10. Section 8 and subsidized housing. Notices for tenants in HUD-subsidized housing are governed by additional federal regulations (24 C.F.R. Part 247 for project-based, Part 982 for HCV). Coordinate with the housing authority before serving.

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 – just cause): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.2.&lawCode=CIV
• California Civil Code § 1947.12 (statewide rent cap): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1947.12.&lawCode=CIV
• California Code of Civil Procedure § 1162 (manner of service): 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
• Levitz Furniture Co. v. Wingtip Communications, Inc., 86 Cal.App.4th 1035 (2001) (overstatement invalidates notice)
• 15 U.S.C. § 9058 (CARES Act 30-day notice for covered properties)

END OF NOTICE