THREE-DAY NOTICE TO PAY RENT OR QUIT
(California)
[// GUIDANCE: This notice is governed by California Civil Code §§ 1946 et seq. and Code of Civil Procedure §§ 1161 et seq. California law requires a THREE (3) day notice to pay rent or quit for nonpayment of rent. IMPORTANT: This notice is strictly construed by California courts. The notice must (1) state the amount of rent due; (2) state the name, telephone number, and address of the person to whom the rent is to be paid; (3) state that if the tenant fails to pay within three days, the landlord may pursue legal action; and (4) comply with local rent control/just cause eviction ordinances if applicable. Verify compliance with CCP § 1161 and local ordinances before use.]
[// GUIDANCE: IMPORTANT - California has statewide rent control under the Tenant Protection Act of 2019 (AB 1482, Civil Code §§ 1946.2 and 1947.12). Additionally, many cities have local rent control ordinances (e.g., Los Angeles, San Francisco, Oakland, Berkeley, Santa Monica). Check applicable local ordinances for additional requirements.]
NOTICE INFORMATION
Date of Notice: [DATE]
Tenant Name(s): [TENANT FULL LEGAL NAME(S)]
Rental Property Address:
[STREET ADDRESS]
[CITY], California [ZIP CODE]
[UNIT/APT NUMBER, if applicable]
THREE-DAY NOTICE TO PAY RENT OR QUIT
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 to pay the amount of rent stated below within THREE (3) DAYS (excluding Saturdays, Sundays, and judicial holidays) after service of this notice, or to vacate and surrender possession of the above-described premises.
RENT DUE
[// GUIDANCE: Under CCP § 1161, the notice must state the AMOUNT OF RENT DUE. California courts strictly construe this requirement. Include ONLY unpaid rent - do NOT include late fees, utilities, interest, damages, or other charges. Including non-rent charges may invalidate the notice.]
| Rental Period | Amount Due |
|---|---|
| [MONTH/YEAR] | $[AMOUNT] |
| [MONTH/YEAR] | $[AMOUNT] |
| [MONTH/YEAR] | $[AMOUNT] |
| TOTAL RENT DUE | $[TOTAL] |
IMPORTANT: The amount stated above represents RENT ONLY. This notice does not include late fees, interest, utilities, or other charges. Only unpaid rent may be included in a three-day notice under California law.
PAYMENT INFORMATION
Pursuant to California Code of Civil Procedure Section 1161, the following information is provided for payment of rent:
Name of person authorized to receive rent:
[LANDLORD NAME OR PROPERTY MANAGEMENT COMPANY NAME]
Address where rent may be paid:
[STREET ADDRESS]
[CITY], California [ZIP CODE]
Telephone number for payment inquiries:
[PHONE NUMBER]
Usual days and hours available to receive payment:
[DAYS], [HOURS] (e.g., Monday through Friday, 9:00 AM to 5:00 PM)
[// GUIDANCE: Under CCP § 1161, the notice must include the name, telephone number, and address of the person to whom the rent payment shall be made. If payment may be made personally, the usual days and hours that person will be available to receive payment must be stated. If an electronic funds transfer procedure has been established, include that information.]
☐ Electronic Payment Option: Rent may also be paid electronically via [DESCRIBE METHOD/WEBSITE/PORTAL].
CONSEQUENCES OF NON-COMPLIANCE
If you fail to pay the total rent due or vacate the premises within three (3) days (excluding Saturdays, Sundays, and judicial holidays) after service of this notice, the undersigned Landlord will institute legal proceedings against you to:
- Recover possession of the premises through an Unlawful Detainer action (California Code of Civil Procedure §§ 1161 et seq.);
- Seek a money judgment for all unpaid rent and any other amounts legally recoverable;
- Seek forfeiture of the rental agreement/lease;
- Recover court costs and, if applicable, attorney's fees as provided by the lease agreement or California law.
IMPORTANT LEGAL NOTICES
California Tenant Protection Act (AB 1482)
[// GUIDANCE: Include this section if the property is subject to the Tenant Protection Act. Properties exempt from AB 1482 include: single-family homes (with required notice and deed restrictions), certain owner-occupied duplexes, housing built within the last 15 years, and other categories listed in Civil Code § 1946.2(e).]
☐ This property IS subject to the California Tenant Protection Act of 2019 (Civil Code §§ 1946.2 and 1947.12), which provides certain protections regarding rent increases and just cause for eviction.
☐ This property is NOT subject to the California Tenant Protection Act of 2019. The reason for exemption is: [STATE EXEMPTION REASON].
Local Rent Control/Just Cause Ordinance
[// GUIDANCE: If the property is located in a jurisdiction with local rent control or just cause eviction ordinances, additional requirements may apply. Examples include Los Angeles (LARSO), San Francisco (SF Rent Ordinance), Oakland, Berkeley, Santa Monica, West Hollywood, and others.]
☐ This property IS subject to a local rent control or just cause eviction ordinance: [NAME OF ORDINANCE]. Additional rights and requirements may apply.
☐ This property is NOT subject to local rent control or just cause eviction ordinances.
COVID-19 Rental Debt Protections
[// GUIDANCE: Verify current status of any remaining COVID-19 tenant protections. As of the template date, most emergency protections have expired, but some jurisdictions may have ongoing programs. Update as needed.]
Please contact [LOCAL HOUSING AUTHORITY/LEGAL AID] if you have questions about any rental assistance programs that may be available.
ADDITIONAL TENANT RIGHTS AND INFORMATION
-
Right to Pay and Remain: If you pay the full amount of rent due within the three-day period, this notice is void and your tenancy continues. Payment must be made in full—partial payment does not cure the default.
-
Habitability Defense: If there are conditions at the property that substantially impair health and safety and you have notified the landlord of these conditions, you may have legal defenses. Consult an attorney.
-
Retaliation Protection: California Civil Code § 1942.5 prohibits landlords from retaliating against tenants who exercise their legal rights.
-
Military Personnel: If you are a servicemember on active duty, you may have additional rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) and California Military and Veterans Code § 409.
-
Legal Assistance: For legal help, contact:
- California Courts Self-Help Center: www.courts.ca.gov/selfhelp
- Legal Aid: www.lawhelpca.org
- State Bar Lawyer Referral Service: 1-866-442-2529
RESERVATION OF RIGHTS
This notice is made without waiving any rights or remedies of the Landlord, including the right to recover any rent or damages that may become due after service of this notice. Acceptance of rent after service of this notice does not waive the Landlord's right to proceed with eviction unless the full amount stated above is paid within the three-day period or the Landlord agrees in writing to accept partial payment and waive the breach.
CERTIFICATION OF SERVICE
I, the undersigned, hereby certify that a copy of this Three-Day Notice to Pay Rent or Quit was served upon the above-named Tenant(s) on [DATE OF SERVICE] by the following method (check one):
☐ Personal Service: By delivering a copy to the tenant personally.
☐ Substituted Service: After reasonable diligence, personal service could not be made. A copy was left with [NAME], a person of suitable age and discretion, at:
☐ The tenant's residence
☐ The tenant's usual place of business
AND a copy was mailed via first-class mail to the tenant at the tenant's place of residence.
☐ Posting and Mailing: After reasonable diligence, personal service or substituted service could not be made. A copy was posted in a conspicuous place on the property AND a copy was mailed via first-class mail to the tenant at the premises address.
[// GUIDANCE: California Code of Civil Procedure § 1162 specifies the methods of service for three-day notices. Personal service is preferred. If personal service cannot be accomplished after reasonable diligence, substituted service or posting and mailing may be used. Document all service attempts.]
LANDLORD/AGENT SIGNATURE
Landlord/Authorized Agent Name (Print): [PRINT NAME]
Signature: ____________________________________
Date: [DATE]
Address:
[LANDLORD ADDRESS]
[CITY], California [ZIP CODE]
Telephone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]
California DRE License # (if applicable): [LICENSE NUMBER]
DECLARATION OF SERVICE
I, [SERVER NAME], declare under penalty of perjury under the laws of the State of California that the following is true and correct:
On [DATE OF SERVICE], I served the above Three-Day Notice to Pay Rent or Quit on [TENANT NAME(S)] by the method indicated above.
If Substituted Service: I made the following attempts at personal service before resorting to substituted service:
- Attempt 1: [DATE], [TIME], [RESULT]
- Attempt 2: [DATE], [TIME], [RESULT]
- Attempt 3: [DATE], [TIME], [RESULT]
Server Information:
Name: [PRINT NAME]
Address: [SERVER ADDRESS]
Relationship to Landlord: [LANDLORD / AGENT / PROCESS SERVER / OTHER]
Signature: ____________________________________
Date: [DATE]
City/State where signed: [CITY], California
This notice is intended to comply with the requirements of California Code of Civil Procedure §§ 1161 and 1162. California law strictly construes three-day notices, and technical defects may invalidate the notice. This template does not constitute legal advice. Consult a licensed California attorney for guidance specific to your situation and to verify compliance with all applicable local ordinances.