California 3-Day Notice to Pay or Quit — Step-by-Step
The 3-day notice is the first required step before filing unlawful detainer in California. Format mistakes restart the clock.
California Code of Civil Procedure §1161 requires a written 3-day notice to pay rent or quit before any unlawful detainer can be filed. Errors in amount, dates, or service force the landlord to restart — adding 30+ days to the eviction.
Step-by-step
- 1
Calculate only rent due within the past 12 months
Late fees, NSF charges, and utilities are NOT collectible via 3-day notice.
- 2
Use the exact statutory language
Tenant must be told they have 3 business days (weekends and court holidays excluded) to pay or vacate.
- 3
Identify a payment method and address
Personal delivery address, phone, or electronic method must be specified.
- 4
Serve properly
Personal service preferred. Substitute service requires posting + mailing.
- 5
Count business days correctly
Day of service does not count. Weekends and court holidays are skipped.
- 6
File unlawful detainer on day 4
If tenant has not paid or vacated, file UD-100 in superior court.
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