California 3-Day Notice to Quit or Pay Rent

Last Updated: January 29, 2023.

About this Form

This form is a legally-compliant 3-Day Notice to Pay Rent or Quit for use in California, which includes an affidavit of service. The document has been professionally crafted to meet the requirements outlined in California Civil Code § 1946.1 and California Code of Civil Procedure 1161(1) and (2). This notice serves as the first step in the eviction process, giving the tenant the option to either pay all past-due rent within three days or to vacate the premises. The form letter is a standard, unlocked Adobe PDF document, form fillable, reusable, customizable to fit your specific situation, and can be downloaded immediately after purchase.

Governing Law
The process for providing a notice of termination for a residential lease in California is governed by California Civil Code § 1946.1 and California Code of Civil Procedure 1161(1) and (2). The statutes sets out the requirements for a landlord to legally terminate a tenancy for non-payment of rent.3-Day Notice to Pay Rent or Quit
Before a landlord can file for eviction, the landlord must give the tenant a notice to pay rent or quit. This notice must be in writing and must inform the tenant that they have three days to pay the rent that is due or vacate the property. The notice must also include the amount of rent that is due, the date on which it was due, and the date of the notice. The notice must be properly served on the tenant.Essential Elements for California Eviction Based on Non-Payment of Rent
It is important to note that for a California eviction based on non-payment of rent, the following essential elements must be met:

• Plaintiff is the legal owner of the property or has legal authorization from the owner of the property
• The property was rented to the defendant under a legal rental agreement
• The rental agreement required the defendant to pay a specific amount of rent per month and the defendant has failed to fulfill this obligation
• Plaintiff properly served defendant with a 3-day notice to pay or quit
• As of the date of the 3-day notice, a minimum of the amount stated in the notice was due
• Defendant did not pay the amount stated in the notice within 3 days after proper service of the notice
• Defendant continues to possess the property

Improper Notice Could Result in Civil Penalties and Criminal Charges
Landlords must understand and comply with the notice and eviction procedures outlined in the California Civil Code, as failure to do so may result in civil penalties and even criminal charges.