Updated June 01, 2022
A California 3-Day Notice to Quit (Non-Compliance – Incurable) form can be used in the event the tenant breaches the rental agreement, and it becomes impossible for the tenant to correct the issue. This form should not be used if the tenant is late on rent since that is a curable breach. When a tenant is caught doing something illegal, typically the landlord will serve an incurable three-day notice to quit.
Standard procedures should follow giving the tenant their 3 days to move out of the premises. If for something other than illegal activity, the landlord has the choice to forgive the tenant if the tenant makes a strong case to be a good tenant in the future. If the tenant believes they have a valid defense, they may challenge but one must weigh the pros vs the cons since the landlord will most likely file an eviction lawsuit against the tenant. Some incurable instances of non-compliance in California include:
- Damaging the rental property (“committing waste”);
- Committing a substantial nuisance to other tenants;
- Committed domestic violence or sexual assault against another tenant or subtenant on the premises which includes stalking;
- The act of drug dealing or manufacturing illegal drugs on the property;
- Using weapons or ammunition unlawfully on the property.
Laws – Cal. C. C. P. § 1161(4)
How to Write
Step 1 – In order to obtain a copy of the California Three-Day Notice To Quit Residential and Nonresidential, select either the button labeled “PDF” or “Word” on the right hand side of this page.
Step 2 – On the first blank space of this form, labeled “Date,” enter the Month and Calendar Day when this document is being filled out. Then, on the second blank space, report the Year this document is being filled out.
Step 3 – Next, locate the third blank space on the first line, just before the word “California.” Enter the Physical Address of the Rental Property the Tenant has violated a lease agreement with here. This will require a Building Number, Street, any applicable Suite or Unit Number, and the City of this rental property.
Step 4 – The second line will begin with the word “Tenant.” Report the Legal Name of the Tenant who has violated the lease agreement on the blank space after this word.
Step 5 – Next, we must list several facts for the purposes of this Notice. In Item 1.1., under the word “Facts,” report the Date of the Lease Agreement the Tenant has violated on the space provided. Then, on the second blank space, document the Address (Building Number, Street, Suite Number, and City) of the Rental Property as it is listed on the violated Lease Agreement.
Step 6 – On the blank space in Item 1.2, report the Full Name of the Tenant who is in violation of the Lease Agreement this Notice concerns itself with. Then on the blank space just before the term “as the Landlord,” report the Full Name of the Landlord who has suffered the Lease Violation as a result of the Tenant’s breach.
Step 7 – The blank space provided in Item 1.3 will require you to define the Real Estate or Rental Property by entering the Name, Account Number, and/or Address of the Rental Property the violated lease is concerned with.
Step 8 – Locate the word “Notice.” Then, on the lines provided in Item 2, define the exact manner in which the Tenant has violated the Lease named above. If there are any reports issued by a government body concerning this Property and Tenant that relate to the Lease Violation (i.e. Police Report, Health Inspection, Order of Protection, etc.), then you should include the ID Number of that Paperwork.
Step 9 – Item 3 a blank line is provided so that you may report the Name of the individual the Tenant may surrender the Rental Property to should the Landlord be unavailable.
Step 10 – The information below this is aimed at the Tenant, however, it should be read and understood by the Landlord as well. Below this, report the official Date of this Notice on the line designated as “Date.”
Step 11 – The next line, titled “Landlord/Agent,” report the Full Name of the Landlord or Landlord Agent that is issuing this Notice to the Tenant.
Step 12 – The Landlord or Landlord’s Agent, issuing this Notice, must Sign his or her Name on the blank space following the word “Signature.”
Step 13 – On the blank space designated as “Address,” report the Complete Address of the Landlord (or Landlord Agent) providing this Signature.
Step 14 – Next, on the blank space labeled “Phone,” enter the Daytime Phone Number of the Landlord or Landlord Agent issuing this Notice.
Step 15 – On the blank space labeled “Fax,” report the Fax Number where the Landlord or Landlord Agent may be reached.
Step 16 – Finally, report a well-maintained Email Address where the Landlord or Landlord Agent may be reached.
Step 17 – You must serve this Notice to the Tenant in a reliable manner. That is, you may deliver it personally to the Tenant(s) at his/her place of Residence or Business, Post it in an easily noticeable place (such as nailing it to the front door of the residence), or you may have a professional serve the Tenant (in some cases, you may have the Sheriff’s Department serve the Tenant). In any case where the Tenant has not personally received the Notice, you must mail it using (at least) First Class Mail. In such a case, the Notice may not be considered received until one day after the Notice has been posted and mailed