CCP 1161(3), otherwise known as California Code of Civil Procedure 1161(3), discusses the landlord’s right to terminate a tenancy due to the tenant breaching a term of the rental agreement other than non-payment of rent. (If the tenant is behind in the rent, the landlord would instead create and serve a CCP 1161(2) notice.)
For example, a CCP 1161(3) cure or quit notice would be appropriate when the rental agreement prohibits smoking, but the tenant is smoking. Another example for when a CCP 1161(3) notice is appropriate is when the rental agreement does not allow pets, but the tenant has a pet at the property. The important thing to remember here is that if the tenant is violating a term of the rental agreement, then in most cases, the landlord will want to serve a CCP 1161(3) cure or quit notice. To reiterate, though, a landlord cannot use a CCP 1161(3) notice if the tenant is behind in the rent.
I am often asked what happens after a landlord serves a CCP 1161(3) notice and then the tenant stops the violations, but then starts up again sometime in the future. Landlords ask how long does the notice apply, and whether or not the landlord has to serve a new 3 day cure or quit per CCP 1161(3) all over again. There is no easy response because there is no law that gives a clear-cut answer as to how much time must pass before the landlord would need to give a new 3 day notice.
I generally tell landlords that if the tenant breaches the agreement again and does what was prohibited in the CCP 1161(3) cure or quit notice within a couple of weeks of serving the 3 day notice, then the landlord does not need to serve a new 3 day notice before filing an unlawful detainer. But if the tenant breaches the agreement several weeks later, then the landlord may want to exercise caution and serve a new 3 day notice before filing an unlawful detainer. You should speak to a landlord attorney and discuss your specific case in order to come to a good solution.
Make sure the CCP 1161(3) notice clearly spells out the violation and what the tenant needs to do to comply. Also make sure that the notice is served properly.
The Law Office of David Piotrowski can create and serve a 3 day notice to cure or quit on a tenant in accordance with the rules found in Code of Civil Procedure 1161(3).
Read more on CCP 1161(3)Â here.
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