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California 3-Day Notice to Quit Form | Non-Payment of Rent

A California 3-day notice to pay or quit allows a landlord to inform a tenant that their rent is past due. The tenant has 3 business days to pay the past due amount or vacate the property. The notice period begins when the tenant receives notice; weekends and holidays are excluded from the notice period.
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Updated November 03, 2024

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Laws

  • Notice Period: 3 days (excluding Saturdays, Sundays, and other judicial holidays)[1]
  • Rent Grace Period: None. Rent is payable on the due date mentioned in the lease.[2]
  • Maximum Late Fee: It cannot be unreasonable.[3] For example, Los Angeles County considers 5% of the monthly rent to be reasonable.[4]

Delivery Options (3)

The landlord must deliver the eviction notice in one of the following ways:[5]

  1. Delivering a copy to the tenant personally;
  2. Leaving a copy with a person of suitable age[6] and sending a copy by mail; or
  3. Affixing a copy of the notice in a conspicuous place on the property and sending a copy by mail.

Waiver of Landlord’s Right to Terminate

If the tenant remains in possession of the property and the landlord accepts their rent payment, the parties are presumed to have renewed for the same terms under the lease.[7][8]

Sample

Download: PDF

Sources

  1. CCP § 1161(2)
  2. CIV § 1947
  3. CIV § 1671(b)
  4. Late Fees | LACounty.gov
  5. CCP § 1162(a)
  6. CCP § 415.20
  7. Kaufman v. Goldman (2011) 195 Cal.App.4th 734
  8. CACI No. 4324. Affirmative Defense – Waiver by Acceptance of Rent