Three-Day Notice to Pay Rent or Quit

THREE-DAY NOTICE TO PAY RENT OR QUIT

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

SECTION 1: AB 1482 JUST CAUSE COMPLIANCE CHECK

AB 1482 Status (check one):

☐ This property IS subject to the California Tenant Protection Act of 2019 (AB 1482). Nonpayment of rent constitutes "at-fault" just cause for termination under Civil Code § 1946.2(b)(1)(A). The tenant has been afforded the opportunity to cure the default within the three-day notice period as required by law.

☐ This property is NOT subject to the California Tenant Protection Act of 2019 (AB 1482). The basis for exemption is:

☐ Unit constructed within the past 15 years (Civ. Code § 1946.2(e)(6))

☐ Owner-occupied duplex (Civ. Code § 1946.2(e)(5))

☐ Single-family home or condominium owned by a natural person, and tenant received required written notice of exemption (Civ. Code § 1946.2(e)(8))

☐ Deed-restricted affordable housing (Civ. Code § 1946.2(e)(1))

☐ Other: [________________________________]

Tenant Occupancy Duration: ☐ Less than 12 months ☐ 12 months or more

SECTION 2: SB 567 COMPLIANCE CHECK (HOMELESSNESS PREVENTION ACT)

☐ This notice is for nonpayment of rent only (at-fault cause). SB 567 no-fault provisions do not directly apply to this notice, but practitioner should remain aware of SB 567 requirements for any subsequent proceedings.

☐ Additional SB 567 considerations apply. Describe: [________________________________]

SECTION 3: LOCAL RENT CONTROL / JUST CAUSE ORDINANCE ADVISORY

Local Ordinance Status (check one):

☐ This property IS subject to a local rent control or just cause eviction ordinance: [________________________________]

☐ This property is NOT subject to any local rent control or just cause eviction ordinance.

Major California Local Rent Ordinance Reference

San Francisco — SF Rent Ordinance (S.F. Admin. Code Ch. 37)

• Applies to most residential units in buildings with a certificate of occupancy dated before June 13, 1979
• Requires registration with the San Francisco Rent Board
• Just cause eviction required for all covered units; nonpayment of rent is a recognized ground
• Annual allowable rent increases tied to 60% of Bay Area CPI (not to exceed 7%)
• Landlord must file copy of notice with Rent Board within 10 days of service
• Contact: SF Rent Board — (415) 252-4602 — https://sf.gov/departments/rent-board

Los Angeles — Los Angeles Rent Stabilization Ordinance (LARSO) (L.A.M.C. § 151.00 et seq.)

• Applies to most residential units in buildings with a certificate of occupancy dated before October 1, 1978
• Requires registration with LAHD (Los Angeles Housing Department)
• Just cause required for all covered units; nonpayment of rent is a recognized ground
• Annual allowable rent increases capped (historically 3%–8%, varies by year)
• Landlord must provide a copy of the notice to LAHD
• Contact: LAHD — (866) 557-7368 — https://housing.lacity.gov

Oakland — Oakland Just Cause for Eviction Ordinance (O.M.C. § 8.22)

• Applies to most residential rental units
• Just cause required; nonpayment of rent is a recognized ground
• Rent increases limited for covered units under the Rent Adjustment Program
• Requires filing with the Oakland Rent Adjustment Program
• Contact: Oakland Rent Adjustment Program — (510) 238-3721 — https://www.oaklandca.gov/topics/rent-adjustment-program

Berkeley — Berkeley Rent Stabilization Ordinance (B.M.C. Ch. 13.76)

• Applies to most residential units built before June 1980
• Just cause required; nonpayment is a recognized ground
• Annual allowable increases set by the Berkeley Rent Stabilization Board
• Requires registration with the Rent Stabilization Board
• Contact: Berkeley Rent Stabilization Board — (510) 981-7368 — https://www.berkeleyca.gov/your-government/boards-commissions/rent-stabilization-board

San Jose — San Jose Apartment Rent Ordinance (ARO) (S.J.M.C. Ch. 17.23)

• Applies to apartments in buildings of three or more units built before September 7, 1979
• Annual rent increases capped at 5% for covered units
• Just cause for eviction required; nonpayment of rent is a recognized ground
• Contact: San Jose Housing Department — (408) 975-4480

West Hollywood — West Hollywood Rent Stabilization Ordinance (W.H.M.C. § 17.52)

• Nearly all residential units in West Hollywood are covered by the eviction provisions
• Just cause required; nonpayment is a recognized ground
• Landlord must file a copy of the notice with the Rent Stabilization Department within five (5) days of service
• Contact: West Hollywood Rent Stabilization — (323) 848-6450 — https://www.weho.org/city-government/rent-stabilization

Santa Monica — Santa Monica Rent Control Charter Amendment (SMRCA)

• Applies to most residential units built before April 10, 1979
• Just cause required; nonpayment is a recognized ground
• Requires registration with the Santa Monica Rent Control Board
• Contact: Santa Monica Rent Control Board — (310) 458-8751

SECTION 4: COVID-ERA AND EMERGENCY PROTECTIONS ADVISORY

COVID-Era / Emergency Protection Status (check all that apply):

☐ No COVID-era or emergency tenant protections are currently in effect for this property's jurisdiction as of the date of this notice.

☐ The following COVID-era or emergency tenant protections may apply:

Jurisdiction: [________________________________]

Ordinance/Resolution: [________________________________]

Expiration Date (if known): [________________________________]

Description of Protections: [________________________________]

☐ The tenant has been advised to contact local housing authorities or legal aid for information regarding any available rental assistance programs.

Local Housing Authority / Rental Assistance Contact:
[________________________________]
[________________________________]
Phone: [________________________________]

SECTION 5: NOTICE TO TENANT(S)

NOTICE INFORMATION

Date of Notice: [__/__/____]

Landlord / Property Owner Name: [________________________________]

Property Management Company (if applicable): [________________________________]

TENANT IDENTIFICATION

Tenant Name(s):

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

AND ALL OTHER OCCUPANTS AND SUBTENANTS IN POSSESSION

PREMISES DESCRIPTION

Street Address: [________________________________]

Unit / Apartment Number (if applicable): [________________________________]

City: [________________________________], California

Zip Code: [____]

County: [________________________________]

Full Legal Description of Premises (if different from street address):

[________________________________]

THREE-DAY NOTICE

TO THE ABOVE-NAMED TENANT(S) AND ALL OTHERS IN POSSESSION:

PLEASE TAKE NOTICE that pursuant to California Code of Civil Procedure Section 1161(2), you are hereby required, within THREE (3) DAYS after service of this notice (excluding Saturdays, Sundays, and other judicial holidays), to either:

(1) PAY the total amount of rent due as specified below; OR

(2) VACATE AND SURRENDER possession of the above-described premises to the undersigned landlord or landlord's authorized agent.

SECTION 6: RENT DUE — ITEMIZED STATEMENT

TOTAL RENT DUE AND OWING: $[________________________________]

IMPORTANT: The amount stated above represents unpaid rent only. This notice does not include, and the landlord is not demanding payment of, late fees, interest, utilities, damages, attorney's fees, or any other charges. Only unpaid rent may be demanded in a three-day notice under California law.

SECTION 7: PAYMENT INFORMATION

Pursuant to California Code of Civil Procedure Section 1161(2), the following payment information is provided:

Name of Person Authorized to Receive Rent Payment:
[________________________________]

Mailing Address for Rent Payment:
[________________________________]
[________________________________], California [____]

Telephone Number for Payment Inquiries:
[________________________________]

Physical Address Where Rent May Be Paid in Person (if different from mailing address):
[________________________________]
[________________________________], California [____]

Usual Days and Hours Available to Receive Payment in Person:
[________________________________]
(e.g., Monday through Friday, 9:00 AM to 5:00 PM)

Accepted Payment Methods

☐ Cash (in person only at the address stated above)

☐ Personal check, payable to: [________________________________]

☐ Cashier's check or money order, payable to: [________________________________]

☐ Electronic funds transfer / direct deposit:

Bank Name: [________________________________]

Routing Number: [________________________________]

Account Number: [________________________________]

Reference/Memo: [________________________________]

☐ Online payment portal:

Website/URL: [________________________________]

Login instructions: [________________________________]

☐ Payment application (e.g., Zelle, Venmo, PayPal):

Platform: [________________________________]

Account/Username: [________________________________]

☐ Other: [________________________________]

SECTION 8: CONSEQUENCES OF NON-COMPLIANCE

If you fail to pay the total rent due stated above OR vacate and surrender possession of the premises within THREE (3) DAYS after service of this notice (excluding Saturdays, Sundays, and other judicial holidays), the undersigned landlord intends to institute legal proceedings against you, which may include:

1. Unlawful Detainer Action — Filing a complaint for unlawful detainer pursuant to California Code of Civil Procedure §§ 1161 et seq. to recover possession of the premises;

2. Money Judgment — Seeking a judgment for all unpaid rent, holdover damages, and any other amounts legally recoverable under the lease agreement and California law;

3. Forfeiture of Lease — Seeking declaration of forfeiture of the rental agreement or lease;

4. Court Costs and Attorney's Fees — Seeking recovery of court costs and, where authorized by the lease agreement or statute, reasonable attorney's fees;

5. Lockout and Writ of Possession — Upon entry of judgment, seeking issuance of a writ of possession authorizing the Sheriff to remove all occupants from the premises.

SECTION 9: PARTIAL PAYMENT WARNING

WARNING TO LANDLORD/AGENT:

RESIDENTIAL TENANCY: If this is a residential tenancy, DO NOT ACCEPT PARTIAL RENT PAYMENT after serving this notice unless you intend to waive this notice and start the process over. Under California law, a residential landlord who accepts any partial rent payment after serving a three-day notice invalidates the notice and must serve a new notice for the remaining balance before filing an unlawful detainer action.

COMMERCIAL TENANCY: If this is a commercial tenancy, CCP § 1161.1 permits the landlord to accept partial payment after service of the notice without waiving the right to proceed with an unlawful detainer action for the remaining unpaid balance, provided the landlord delivers actual written notice to the tenant at the time of acceptance that the acceptance does not constitute a waiver of any rights, including the right to recover possession.

Notice to Tenant Regarding Partial Payment:

Full payment is required to cure this notice. Partial payment of the amount demanded will not satisfy this notice. If you tender a partial payment and the landlord accepts it, the landlord may (depending on whether the tenancy is residential or commercial and applicable law) either: (a) be deemed to have waived this notice, requiring a new notice for the remaining balance; or (b) retain the right to proceed with eviction for the unpaid balance. Consult an attorney for advice regarding your specific circumstances.

SECTION 10: SECTION 8 / HOUSING VOUCHER TENANT PROVISIONS

Housing Voucher Status (check one):

☐ The tenant does NOT participate in a housing choice voucher or government-subsidized housing program. This section does not apply.

☐ The tenant participates in the following program: [________________________________]

Housing Authority Name: [________________________________]

Housing Authority Contact: [________________________________]

Housing Authority Phone: [________________________________]

Total Contract Rent: $[________________________________] per month

Housing Authority Portion (HAP): $[________________________________] per month

Tenant's Portion: $[________________________________] per month

Amount of Tenant's Portion Currently Unpaid: $[________________________________]

☐ A copy of this notice has been provided to the applicable Housing Authority on [__/__/____].

SECTION 11: MILITARY TENANT PROTECTIONS (SCRA)

Military Service Status:

☐ The landlord has no knowledge that any tenant is currently serving on active duty in the United States Armed Forces, National Guard, or Reserves.

☐ The landlord is aware that the following tenant(s) may be serving on active military duty:

Name: [________________________________]

Branch of Service: [________________________________]

NOTICE TO MILITARY SERVICE MEMBERS: If you are currently serving on active duty in the United States Armed Forces, National Guard, or Reserves, or are a dependent of an active-duty servicemember, you may have additional rights and protections under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) and California Military and Veterans Code § 409. These protections may include the right to request a stay of eviction proceedings. You are strongly encouraged to contact your unit's legal assistance office, a military legal aid organization, or a civilian attorney immediately.

SECTION 12: COMMON DEFENSES ADVISORY

Notice to Tenant — Your Legal Rights

You may have legal defenses to this notice or to any subsequent eviction action. Common defenses include but are not limited to:

1. Defective Notice
If this notice contains errors — such as an incorrect rent amount, inclusion of non-rent charges, missing contact information, incorrect premises description, or improper service — the notice may be invalid. Consult an attorney.

2. Habitability Defense (Cal. Civ. Code §§ 1941–1942.5)
If the premises have conditions that substantially impair health, safety, or habitability (e.g., lack of heat, plumbing defects, mold, pest infestation, structural hazards), and you have notified the landlord of these conditions, you may have a defense to eviction. Under the "repair and deduct" remedy (Civ. Code § 1942), tenants may also deduct the cost of repairs from rent under certain conditions.

3. Retaliatory Eviction (Cal. Civ. Code § 1942.5)
A landlord may not evict a tenant in retaliation for: (a) complaining to a government agency about habitability conditions; (b) exercising rights under the lease or under law; (c) organizing or participating in a tenants' association; or (d) lawfully exercising any tenant right. If the landlord serves this notice within 180 days of a protected activity, there is a rebuttable presumption of retaliation. Penalties for retaliatory eviction include actual damages plus punitive damages of $100 to $2,000 per retaliatory act, plus attorney's fees.

4. Discrimination
Federal, state, and local fair housing laws prohibit eviction based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, source of income (including housing vouchers), immigration status, or other protected characteristics. If you believe this notice is motivated by discriminatory intent, contact the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD).

5. Rent Already Paid / Incorrect Amount
If you have already paid the rent demanded or if the amount stated is incorrect, you may have a defense. Retain all receipts, bank statements, money order stubs, and other proof of payment.

6. Waiver
If the landlord has accepted partial rent, accepted late rent payments as a regular practice, or otherwise engaged in conduct inconsistent with strict enforcement of the lease, the tenant may raise waiver as a defense.

7. Violation of Local Rent Control Ordinance
If the property is subject to a local rent control ordinance and the landlord has not complied with all requirements of that ordinance (including registration, filing, notice language, and procedural requirements), the eviction may be barred.

8. COVID-Era or Emergency Protections
If the rent owed accrued during a period covered by a local COVID-19 eviction moratorium or other emergency declaration, special rules may apply. Verify with a local attorney or legal aid organization.

Legal Resources for Tenants

• California Courts Self-Help Center: https://www.courts.ca.gov/selfhelp.htm
• LawHelpCA (Legal Aid Directory): https://www.lawhelpca.org
• State Bar of California Lawyer Referral Service: 1-866-442-2529
• HUD Housing Counseling: 1-800-569-4287
• California Department of Fair Employment and Housing (DFEH): 1-800-884-1684

SECTION 13: TIMELINE AND NEXT STEPS

Unlawful Detainer Process Timeline

Three-Day Period Calculation:

• The three-day period begins the day after the date of service.
• Saturdays, Sundays, and judicial holidays are excluded from the count.
• Example: If served on a Wednesday, the three-day period expires at the end of the day on Monday (assuming no intervening holidays).
• Example: If served on a Thursday, the three-day period expires at the end of the day on Tuesday.
• The unlawful detainer complaint may be filed on the day after the notice period expires.

SECTION 14: RESERVATION OF RIGHTS

This notice is made without waiving any rights or remedies of the landlord, all of which are expressly reserved, including but not limited to:

1. The right to recover any rent or damages that may accrue after service of this notice;
2. The right to pursue all available legal remedies, including but not limited to an unlawful detainer action;
3. The right to seek recovery of attorney's fees and costs as authorized by the lease agreement or by law;
4. The right to pursue any and all claims arising from the tenant's breach of the rental agreement;
5. The right to declare a forfeiture of the lease.

Acceptance of rent after service of this notice does not waive the landlord's rights unless the full amount stated above is paid within the three-day notice period. For residential tenancies, acceptance of partial rent after service of this notice may invalidate this notice (see Section 9 above).

SECTION 15: LANDLORD / AUTHORIZED AGENT EXECUTION

Landlord / Authorized Agent Name (Print): [________________________________]

Title / Capacity: [________________________________]
(e.g., Owner, Property Manager, Authorized Agent)

Signature: ____________________________________

Date of Execution: [__/__/____]

Address:
[________________________________]
[________________________________], California [____]

Telephone: [________________________________]

Email: [________________________________]

California DRE License Number (if applicable): [________________________________]

SECTION 16: PROOF OF SERVICE

DECLARATION OF SERVICE

I, the undersigned, declare under penalty of perjury under the laws of the State of California that the following is true and correct:

Server Information:

Name (Print): [________________________________]

Address: [________________________________]

City: [________________________________], California [____]

Telephone: [________________________________]

Relationship to Landlord: ☐ Landlord ☐ Property Manager ☐ Registered Process Server ☐ Attorney ☐ Other: [________________________________]

California Process Server Registration Number (if applicable): [________________________________]

Method of Service

Date of Service: [__/__/____]

Time of Service: [________________________________]

Person(s) Served: [________________________________]

Method A: Personal Service (CCP § 1162(a))

☐ I personally delivered a true copy of the Three-Day Notice to Pay Rent or Quit to the following tenant(s):

Method B: Substituted Service (CCP § 1162(b))

☐ After exercising reasonable diligence, I was unable to personally serve the tenant(s). I served the notice by the following method:

Person to whom copy was delivered:

Name: [________________________________]

Apparent Age: [____] (must be a person of suitable age and discretion)

Relationship to Tenant (if known): [________________________________]

Location where copy was delivered:

☐ Tenant's place of residence: [________________________________]

☐ Tenant's usual place of business: [________________________________]

AND

☐ A true copy was also mailed via first-class United States mail, postage prepaid, on [__/__/____] to the tenant at the following address:

[________________________________]
[________________________________], California [____]

Method C: Posting and Mailing (CCP § 1162(c))

☐ After exercising reasonable diligence, I was unable to accomplish personal service or substituted service. I served the notice by the following method:

☐ A true copy was affixed to a conspicuous place on the property on [__/__/____] at [________________________________] (time).

Description of where the notice was posted: [________________________________]
(e.g., front door, main entrance, gate)

☐ A true copy was also delivered to the following person residing at the property (if any person could be found):

Name: [________________________________]

☐ No person could be found residing at the property.

AND

☐ A true copy was also mailed via first-class United States mail, postage prepaid, on [__/__/____] to the tenant at the premises address:

[________________________________]
[________________________________], California [____]

Service Attempt Log

Server Declaration

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

Signature: ____________________________________

Date: [__/__/____]

City and State Where Signed: [________________________________], California

SECTION 17: PRACTITIONER CHECKLIST

Pre-Service Verification

☐ Verified tenant name(s) match the lease agreement exactly

☐ Verified premises address matches the lease agreement exactly

☐ Verified rent amount includes ONLY unpaid rent (no late fees, utilities, interest, damages, or other charges)

☐ Verified arithmetic — individual period amounts total to the stated total

☐ Verified payment contact information is complete (name, address, phone, hours)

☐ Verified electronic payment information is included (if previously established)

☐ Determined AB 1482 applicability and documented exemption basis (if exempt)

☐ Checked local rent control / just cause ordinance applicability

☐ Verified compliance with all applicable local ordinance requirements (registration, filing, notice language)

☐ Checked for active COVID-era or emergency eviction protections

☐ Determined Section 8 / housing voucher status and adjusted rent demand accordingly

☐ Checked military service status of tenant(s) (SCRA compliance)

☐ Reviewed habitability complaints or repair requests within past 180 days (retaliatory eviction risk)

☐ Confirmed no partial rent has been accepted since the default

☐ Notice reviewed by qualified California attorney

Service Verification

☐ Service performed in compliance with CCP § 1162

☐ Service attempted in proper order (personal first, then substituted, then posting/mailing)

☐ All service attempts documented in Service Attempt Log

☐ Proof of Service / Declaration of Service completed and signed

☐ Copy of notice retained for landlord's records

☐ Copy of notice filed with local rent board (if required by local ordinance)

☐ Copy of notice provided to Housing Authority (if Section 8 tenant)

Post-Service

☐ Calendar: Three-day period expiration date (excluding Saturdays, Sundays, judicial holidays): [__/__/____]

☐ Calendar: Earliest date to file Unlawful Detainer complaint: [__/__/____]

☐ No partial rent accepted from tenant during notice period (residential tenancy)

☐ Prepared Unlawful Detainer complaint (Judicial Council Form UD-100) for filing if notice period expires without cure

Sources and References

• Cal. Code Civ. Proc. § 1161 — Unlawful Detainer Grounds
• Cal. Code Civ. Proc. § 1161.1 — Partial Payment After Notice
• Cal. Code Civ. Proc. § 1162 — Service of Notices
• Cal. Code Civ. Proc. § 1167 — Time to Respond
• Cal. Civ. Code § 1941 — Habitability
• Cal. Civ. Code § 1942.5 — Retaliatory Eviction
• Cal. Civ. Code § 1946.2 — AB 1482 Just Cause Termination
• Cal. Civ. Code § 1947.12 — AB 1482 Rent Cap
• Cal. Civ. Code § 789.3 — Landlord Prohibited Actions
• Cal. Gov. Code § 12955 — FEHA Source of Income Protection
• SB 567 — Homelessness Prevention Act (Full Text)
• AB 2347 — Unlawful Detainer Response Time Extension
• 50 U.S.C. § 3901 et seq. — Servicemembers Civil Relief Act
• Cal. Mil. & Vet. Code § 409
• California Courts Self-Help — Eviction
• San Francisco Rent Board
• Los Angeles Housing Department — Renter Protections
• Oakland Rent Adjustment Program
• Berkeley Rent Stabilization Board
• West Hollywood Rent Stabilization

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice.