Code of Civil Procedure 1161(2): Tenant Non Payment of Rent in California

Code of Civil Procedure 1161(2) is the California state law that allows a landlord to terminate a tenancy due to non-payment of rent.

Code of Civil Procedure 1161(2) says the following:

2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.
The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.
An unlawful detainer action under this paragraph shall be subject to the COVID-19 Tenant Relief Act of 2020 (Chapter 5 (commencing with Section 1179.01)) if the default in the payment of rent is based upon the COVID-19 rental debt.
Code of Civil Procedure 1161(2)

Steps for a Three Day Notice to Pay Rent or Quit per Code of Civil Procedure 1161(2)

These steps explain how to terminate a tenancy for non-payment of rent under Code of Civil Procedure 1161(2).

Total Time: 3 days

Ensure that the tenant owes past-due rent.
You’ll need to ensure that the tenant owes the past-due rent that you will be demanding in your 3 day notice to pay rent or quit.
Create a valid three day notice to pay rent to quit.
The three day notice to pay rent or quit must have specific language on the notice. Special rules apply for any COVID-related rental debt.
Have the three day notice to pay rent or quit served on the tenant.
While there is no rule forbidding that the three day notice to pay rent or quit under Code of Civil Procedure 1161(2) be served by a neutral third party, it is recommended. We recommend that the three day notice for non-payment of rent be served by a process server.
Wait three days, excluding weekends and judicial holidays.
After the Code of Civil Procedure 1161(2) notice is served on the tenant, there is a three day waiting period that does not include weekends or judicial holidays.
After the three day period expires…
During the three day period, if the tenant pays the full rent, the landlord must accept it and that will be the end of the process, as the tenant will have cured his violation by paying the full rent.
If the tenant does not pay the rent within the three day period, the next step will be to file the unlawful detainer (eviction) case in court.
If the tenant pays partial rent during the three day period, the landlord will have to make a decision. If the landlord accepts the partial payment, the landlord will have invalidated the three day notice and will need to serve a new three day notice for the remainder of the past due rent. Alternatively, the landlord can reject the partial payment.

Estimated Cost: 250 USD

FAQ on Code of Civil Procedure 1161(2)

What is Code of Civil Procedure 1161(2)?

Code of Civil Procedure 1161(2), also known as CCP 1161(2), is the California state law for non-payment of rent.

What is a three day notice to pay rent or quit in California under Code of Civil Procedure 1161(2)?

A three day notice for non payment of rent is the required legal notice that must be given to a tenant in California when the tenant has failed to pay the rent. It is a prerequisite to filing a formal eviction court case against the tenant and demands that the tenant pay the past due rent within the three day period.

How do you calculate the three day period under Code of Civil Procedure 1161(2) for non-payment of rent in California?

The three day period starts the day after the notice is served and excludes Saturdays and Sundays and other judicial holidays. For example, if the three day notice to pay rent or quit under Code of Civil Procedure 1161(2) is served on a Monday, then the three day period expires at the end of the day on Thursday. If the three day notice is served on a Wednesday, then the three day period expires at the end of the day on Monday (assuming there were no intervening holidays).

Does the three day notice for non payment of rent under Code of Civil Procedure 1161(2) have to be in writing?

Yes, the CCP 1161(2) notice must be in writing.

Must the CCP 1161(2) notice be served on the tenant in a specific manner?

Yes, the three day notice for non payment of rent under Code of Civil Procedure 1161(2) must be served on the tenant per Code of Civil Procedure 1162. Code of Civil Procedure 1162 states that the notice must be served personally, sub served, or served via posting and mailing, and attempts must be made in that order.

Does the non payment of rent three day notice under CCP 1161(2) need to have specific language on the notice?

Yes. The notice must have specific language to be effective.

How much past due rent can be demanded on the Code of Civil Procedure 1161(2) three day notice for non payment of rent?

Up to one year of past-due rent.

Are there special rules for non-payment of rent when demanding COVID debt?

Yes.

Does the Law Office of David Piotrowski create and serve three day notices to pay rent or quit for landlords?

Yes, when located in our service area and subject to work loads.

How can landlords receive more information on three day notices to pay rent or quit in California?

Landlords can schedule a consultation with the Law Office of David Piotrowski.

Additional Information

Disclaimer

The information in this article and blog are not meant to be legal advice and is intended for educational purposes only. The laws change frequently and this article may not be updated to reflect current rules. Do not rely on this article when making legal decisions. Consult with legal counsel regarding your particular case before taking any action. It is important for landlords to understand what jurisdiction the rental property is located in, and whether or not there are any special tenant protections or rent control applicable to the property.