California 3 Day Notice
The California 3 day notice is used in various tenant eviction scenarios, including non-payment of rent, rental agreement violations, and damaging the property. The California 3 day notice form has different variations depending on the reason it is being served on the tenant.
- California 3 Day Notice form under CCP 1161(2) used for a 3 day pay or quit.
- California 3 Day Notice form under CCP 1161(3) for a 3 day cure or quit.
- California 3 Day Notice form under CCP 1161(4) for a 3 day notice to quit California.
3 Day Notice to Vacate
The 3 day notice to vacate, as described above, comes in many different varieties. It is the responsibility of the landlord or his attorney to determine the correct type of 3 day notice form. For example, even though failing to pay rent is considered a rental agreement violation, in the event of non-payment, a landlord should use a CCP 1161(2) 3 day notice to vacate rather than a CCP 1161(3) 3 day notice to vacate. On the other hand, if the tenant were violating a rental agreement prohibition against pets, then the landlord would want to serve a CCP 1161(3) 3 day notice to vacate.
To make things even more difficult, if the tenant was illegally assigning or subleasing the property, the law allows either a CCP 1161(3) 3 day notice to vacate or a CCP 1161(4) 3 day notice to vacate.
A 3 day notice to vacate form is the first step in evicting a tenant that is not complying with the rental agreement. The 3 day notice to vacate is a prerequisite for an eviction in California when a tenant is violating the lease. Furthermore, the landlord and tenant may NOT contract away the 3 day notice to vacate requirement. Any provision in the rental agreement that says a 3 day notice to vacate is not needed is unenforceable.
3 Day Notice Form
It is crucial that the 3 day notice form be filled out correctly. An incorrect 3 day notice form could invalidate your entire eviction, costing you more time and money because you would have to start the process over from the beginning, starting with a new 3 day notice form. Whether you decide to create and serve your own 3 day notice form or if you decide to hire an attorney to prepare the 3 day notice form for you, make sure it is done correctly.
This law firm can create and serve the 3 day notice form on your behalf. If you feel comfortable serving the 3 day notice form yourself, then you can purchase a 3 day notice form template from us through our landlord unbundled service option. Or, you can have us create and serve the 3 day notice for you.