When a Landlord Can Use a 3-Day Notice to Pay Rent or Quit in California
A landlord can use a written 3-Day Notice to Pay or Quit if the tenant has done any of the following:
The controlling Statue code is California Code of Civil Procedure (CCP) §1161(2) which says:
“When he or she continues in possession, in person or by subtenant, without the permission of his or her landlord, or the successor in estate of his or her 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, in writing, requiring its payment, stating the amount which 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 him or her and if there is a subtenant in actual occupation of the premises, also upon the subtenant.”
- When should I use a 3-Day Notice to Pay Rent or Quit?
- Rent must be past due before you can serve the notice and you will need to know how to calculate the 3 days including when you can serve the notice on your tenant and when the notice expires. For example, if rent is due on the first of the month then the rent is past due on the 2nd of the month, however if the first of the month falls on a Saturday, Sunday or Court Holiday then the rent is not technically due until the first business day of the month and therefore not past due until the next day. So, let’s assume that rent is due on January 1st and that falls on a Saturday. Technically, the rent is now due on Monday January 3rd and not past due until Tuesday January 4th and that would be the first day that you can legally serve a 3-day notice that complies with the California Law or Statute.
- It is very important that you never include anything on the Notice to Pay Rent that is not past due RENT, for example, you CANNOT add Late Charges or fees, Utilities, Trash, or Water bills. Again, if it’s not R-E-N-T then do not include it on your notice. Your accounting of the past due rent is of prime importance, be careful.
- To calculate the 3 days, do not include the day that you served the notice. Count Saturday, Sunday and holidays. If the last day falls on a Saturday, Sunday or Court holiday then the tenants have until the next court or business day to pay and that is the day that your notice to the tenants expires, see (CCP 12a).
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For Landlords, A 3-Day Notice to Pay Rent or Quit Must Include:
If the landlord gives the tenant a three-day notice because the tenant hasn’t paid the rent, the notice must accurately state the amount of rent that is due. In addition, the notice must state:
- The name, address and telephone number of the person to whom the rent must be paid.
- If payment may be made in person, the usual days and hours that the person is available to receive the rent payment. If the address does not accept personal deliveries, then you can mail the rent to the owner at the name and address stated in the three-day notice. If you can show proof that you mailed the rent to the stated name and address (for example, a receipt for certified mail), the law assumes that the owner receives the rent payment on the date of postmark.
- Instead, the notice may state the name, street address and account number of the financial institution where the rent payment may be made (if the institution is within five miles of the unit). If an electronic fund transfer procedure was previously established for paying rent, payment may be made using that procedure.
If the 3-Day Notice is based on one of the other four conditions listed above, the notice must either describe the tenant’s violation of the lease or rental agreement or describe the tenant’s other improper conduct. The 3-Day Eviction Notice must be properly served on the tenant.
Depending on the type of violation, the 3-Day Eviction Notice demands either
- (1) that the tenant corrects the violation or leave the rental unit, or
- (2) that the tenant leaves the rental unit.
If the violation involves something that the tenant can correct (for example, the tenant hasn’t paid the rent, or the tenant has a pet but the lease doesn’t permit pets), the California Eviction Notice must give the tenant the option to correct the violation.
Failing to pay the rent, and most violations of the terms of a lease or rental agreement can be corrected. In these situations, California’s 3-Day Eviction Notice must give the tenant the option to correct the violation. However, the other three conditions listed above cannot be corrected, and the 3-Day Eviction Notice can simply order the tenant to leave at the end of the three days.
If you pay the rent that is due or correct a correctable violation of the lease or rental agreement during the three-day notice period, the tenancy continues. If you attempt to pay all the past-due rent demanded after the three-day period expires, the landlord can either file a lawsuit to evict you or accept the rent payment. If the landlord accepts the rent, the landlord waives (gives up) the right to evict you based on late payment of rent.
California 3-Day Eviction Notice Tenant Information
Sometimes, giving a tenant the option of living in your property, as the landlord, for 30-days or more simply is not an option. Unfortunately, many landlords get fed up with non-payments from tenants on rent and other miscellaneous fees, causing them to overreact and try their hardest to have the tenants evicted immediately. In the state of California, landlords may serve a three-day notice allowing them to start the eviction process by filing the Unlawful Detainer in court for a tenant that does not pay up on late rent payments within the three-day notice period. The simple solution to all of this is to make sure that rent payments are sent to landlords on time to avoid the need for any type of eviction. However, you can also try to work with the legal system to keep your tenancy in good standing.
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Why Did You Get a 3-Day Eviction Notice? Landlords Have Bills, Too!
So, why are 3-Day Eviction Notices in California even necessary? Realize that many landlords make their sole income or part of their income off of your rent payments. If you do not pay up, they may not be able to make mortgage payments, utility payments, or some other type of payment. Three-day eviction notices may be the only way for them to pay someone else. Before you act out against the notices, remember that rent is your responsibility. Pay up and stay eviction-free.
Talk to Your Landlord About Your 3-Day Eviction Notice in California
All landlords are different with each specific one handling cases in different ways. One landlord may allow you to slide under the rent payment radar for a few months before issuing you an eviction notice, while others may require payment within just a few days of being late with a rent payment. Regardless, the three-day notice for evictions in the state of California allows landlords to essentially force you to pay up on rent or risk being evicted off the property immediately and terminating your tenancy. If a feel as a tenant the landlords notice is wrong after being served a 3-Day Eviction Notice, you can talk to the landlord, but keep in mind, if you don’t get things worked out then the landlord may take you to court and have the courts settle the situation.