CCP 1161(3) – California Code of Civil Procedure 1161(3) – Eviction Due to 3 Day Notice to Cure or Quit

 

CCP 1161(3), formally known as California Code of Civil Procedure 1161(3), is the code section that says that a tenant can be evicted if the tenant is violating a term of the lease or rental agreement. The landlord would serve a CCP 1161(3) “Three Day Notice to Cure or Quit” on the tenant and the tenant would then have three days to fix and cure the violations. If the tenant fixes the violated outlined in the 3 day notice to cure or quit within 3 days of being served with the notice, then the landlord could not proceed with the eviction case. On the other hand, if the tenant failed to cure the violations as stated in the 3 day notice within 3 days of being served with the 3 day notice, then the landlord would take the next step and file the unlawful detainer complaint in court.

CCP 1161(3) reads as follows:

A tenant is guilty of unlawful detainer —

When he or she continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days’ notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him or her, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or his or her subtenant, demanding the performance of the violated conditions or covenants of the lease.

A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of his or her unlawful detention of the premises underlet to him or her or held by him or her.

In simple terms, what CCP 1161(3) is saying is that if a tenant violates a term of the rental agreement (for example, assigning or subleasing when the rental agreement forbids this, smoking when the rental agreement says no smoking, maintaining pets when the rental agreement has a no pets policy, etc.), and if the tenant fails to cure the violations within 3 days after being served with a CCP 1161(3) three day notice to cure or quit, then the landlord can proceed with an eviction case against the tenant. But if the tenant cures the violations within the 3 day period, then the landlord may NOT proceed with the eviction case.

CCP 1161(3) also allows a tenant to take actions against a subtenant in a similar fashion.

CCP 1161(3) is NOT to be used for non-payment of rent cases or for nuisance cases. Also, while a landlord can evict a tenant for unlawfully assigning or subleasing under CCP 1161(3), a landlord may instead consider evicting a tenant for assigning or subleasing under 1161(4). The reasons for this is outside the scope of this article.

The Law Office of David Piotrowski can assist landlords with drafting and serving a CCP 1161(3) three day notice to cure or quit when the tenant is violating the rental agreement. If you need help with an eviction in California, contact us today. We represent landlords only with eviction cases.

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