This article will cover the 3-day notices that are used in at-fault evictions. These notices give the tenant three days to remedy the violation or vacate the property. There are three types of 3-day notices that a property owner or manager can serve, depending on the violation committed by the tenant.
Here’s what is the same no matter which notices you are serving:
1. You must list all persons living in the property over the age of 18 whether they are on the lease or not. Confirm there are no typos in the names or addresses, as this could result in being dismissed if it goes to court.
2. When you serve a 3-day notice, the 1st day is the day after you serve the notice. Not counting Saturdays, Sundays, or Holidays.
Example: If you serve the notice on Friday, July 1st, day one of the 3 days would be Tuesday, July 5th. The tenant would have until July 7th to comply.
Meaning that you could not move forward until Friday, July 8th.
3. The notice must be served to the tenant. There are 3 types of service:
Personal service: where a copy of the notice is personally delivered to the tenant, either at the resident’s or their place of business.
Substitute service: where the notice is left with a person of suitable age and discretion, which means over the age of 14 and likely to give the papers to the person intended to be served. And
a copy should be mailed to the tenants at the residence. I would suggest mailing by Certified Mail.
Post and Mailing: Should be used as a last resort. If there is no one at the residence or place of work, then it is possible to post a copy of the notice where it will be seen. For example, either on the front door or garage door, where the tenant would see the notice when they return home. And mail a copy to the residence.
It is worth repeating, you should mail it by Certified Mail
Types of 3-day notices
3-Day Notice to Pay Rent or Quit: This notice is served when a tenant fails to pay rent on time. The notice requires the tenant to pay the rent within three days or vacate the property. If the tenant pays the rent within the three-day period, they can remain on the property. If they fail to do so, the property owner or manager can file an eviction lawsuit.
I always recommend using this form as soon as possible. The longer you allow a tenant to stay without paying rent, the more they will expect to not pay their rent on time in the future. If rent is due on the 1st and considered late on the 6th, notices will go out on the 6th to anyone who has not paid yet.
Make sure you know if your property is subject to local city or county rent or eviction control ordinances above and beyond the state of California controls. Please see the blog for AB 1482.
3-Day Notice to Cure or Quit: This notice is served when a tenant violates a term of the lease agreement, other than non-payment of rent. For example, if the tenant keeps a pet on the property, which is not allowed under the lease agreement, the landlord may serve this notice. The notice gives the tenant three days to correct the violation or vacate the property.
If the tenant corrects the violation within the three-day period, they can remain on the property. If they fail to do so, the landlord can file an eviction lawsuit.
3-Day Notice to Quit: This notice is served when a tenant commits a serious violation of the lease agreement. The notice requires the tenant to vacate the property within three days. For example, if a tenant engages in illegal activity on the property or causes substantial damage to the property, the landlord may serve this notice.
Unlike the other two notices, this notice does not give the tenant the opportunity to remedy the violation. If the tenant fails to vacate the property within the three-day period, the landlord can file an eviction lawsuit.
It is important to note that a landlord must follow the proper legal procedures when serving a 3-day notice. The notice must be properly served to the tenant, and the three-day period must include weekends and holidays. If the tenant fails to comply with the notice, the landlord must file an eviction lawsuit and obtain a court order before they can legally evict the tenant.
