California landlords needing to evict a tenant based on non-payment of rent should begin the process by serving on the tenant a “3 Day Notice to Pay Rent or Quit.” The courts are very strict in California on the manner that the 3 Day Notice to Pay Rent or Quit is served, and also on the contents of the 3 Day Notice to Pay Rent or Quit. As an example, the following contents are required on a California Sample 3 Day Notice to Pay Rent or Quit:
- The notice must be in writing;
- The California 3 Day Notice to Pay Rent or Quit must adequately and sufficiently describe the property;
- The notice should describe the breach, demand that it be cured, and identity the dollar amount owed (include only unpaid rent for up to 1 year. Do not include late fees);
- The California Sample 3 Day Notice to Pay Rent or Quit must demand possession;
- The notice must state the time frame that the tenant has to comply (i.e. 3 days);
- The notice should (but is not required to) include an election of forfeiture;
- A signature is not required, but highly recommended
The California 3 Day Notice to Pay Rent or Quit, where on its face seems relatively simply, includes many traps for the lay person and average landlord. Failing to properly fill out and serve a 3 day notice can invalidate and cause you to lose the entire eviction case, requiring that you start the process over again. This will result in a time delay and additional expenses.
We recommend that you consult an attorney to draft and serve your 3 day notice to pay rent or quit. Would you like us to draft and serve your 3 day notice to pay rent or quit?
Other helpful landlord links relating to the 3 Day Notice to Pay Rent or Quit for California:
- 3 Day Notice to Pay Rent or Quit – Downloadable Form.
- 3 Day Notice to Pay Rent or Quit – Required Content.
- Giving tenants proper notice to terminate tenancy.
- 3 Day Notice in California – What if the tenant wants to pay?
For more information on evictions in California, visit the Law Office of David Piotrowski.
For more eviction blog posts, click here.