Grounds for a 3-Day Notice (Nonpayment) and Notice Type

In California a landlord may serve a 3-Day Notice when a tenant commits a serious lease breach (other than unpaid rent) or engages in nuisance/illegal activity. Under CCP §1161(3), a 3-Day “Perform or Quit” notice is appropriate for curable lease violations (e.g. unauthorized pets, subletting against the lease). The tenant must fix the violation or vacate within 3 days​codes.findlaw.com. CCP §1161(4) covers incurable violations (e.g. waste, public nuisance or illegal use of the premises): those breaches terminate the lease immediately, and the landlord may serve a 3-Day “Notice to Quit”requiring the tenant to move out​codes.findlaw.com. Notably, California Civil Code §1946.2 (just-cause law) requires landlords first to give a cure notice for any curable violation (per CCP §1161(3)); only if the tenant fails to cure may the landlord issue an unconditional 3-Day Quit notice​law.justia.com. In all cases, the notice must be in writing and give three days (excluding weekends/holidays) to comply or leave​codes.findlaw.com.

• Example – Curable Breach: Tenant keeps a pet in a “no-pets” unit. Landlord serves a 3-Day Notice to Perform (Cure) or Quit, citing the lease clause and telling the tenant to remove the pet or vacate within 3 days​sb-court.org.
• Example – Nuisance/Illegal: Tenant sells drugs from the unit. Landlord serves a 3-Day Notice to Quit (Unconditional), stating the illegal activity as the cause. (No opportunity to cure is given because the lease is terminated immediately​codes.findlaw.com.)

Required Content of the 3-Day Notice

The 3-Day Notice must clearly state the facts and grounds for eviction. In practice it should include the tenant’s name and the rental address, the specific lease provision or law violated, and the demanded cure or action. For a “Perform or Quit” notice, California courts advise specifying the exact violation and what the tenant must do to fix it​sb-court.org (e.g. “Remove the dog from the premises” if pets are prohibited). For a 3-Day Notice to Quit, the notice must state the cause(e.g. “maintaining a nuisance by loud parties” or “using the property for illegal purposes”)​sb-court.org. The notice must also give the tenant three calendar days to comply or move out. By law the 3‑day period excludes Saturdays, Sundays and judicial holidays​codes.findlaw.com (e.g. if a 3rd day falls on Sunday, the deadline is the next business day). Failure to include the required details (tenant name, address, description of breach, and the time to cure/vacate) can invalidate the notice.

Serving the 3-Day Notice (CCP §1162 Methods)

Once prepared, the notice must be properly served on the tenant. California law (CCP §1162) permits three methods of service, applied in order:

• Personal Delivery: Hand the notice directly to the tenant (or any adult occupant) at the rental unit. This is the most straightforward method. If the tenant signs the notice or otherwise acknowledges receipt, keep a copy with a signed proof of service.
• Substituted Service (Residence or Business): If the tenant is not home, CCP §1162 allows the server to leave the notice with a responsible person of suitable age and discretion at the tenant’s residence or usual place of business, and then mail a copy to the tenant’s address​law.justia.com. For example, leave the notice with a mature roommate or co-worker, and mail another copy. Both leaving and mailing are required.
• Posting + Mailing: If the server cannot find a suitable person at the home or workplace, the landlord may post the notice on the property (e.g. taping it conspicuously to the front door) and mail a copy to the tenant​law.justia.com. In practice, this means affixing the notice in a visible place (where the tenant is likely to see it) and mailing it to the rental address. (If someone of any age answers the door, you may give it to them, but posting is only “if no one suitable is available”​law.justia.com.)

These methods are enforced strictly. “Courts will hold the landlord strictly to” CCP §1162’s requirements​ch-law.com. For example, a landlord generally must attempt personal or substituted service first; only when those fail can she resort to the post-and-mail procedure​ch-law.com. Whoever serves the notice (landlord, agent, or process server) should complete and sign a Proof of Service form, and the landlord should keep the original notice as well as copies served​sb-court.org. (Some landlords hire a professional process server for this step, but it may be done by any non-party adult.)

Calculating the Three Days

The tenant then has three days (not counting weekends/holidays) from the date of proper service to comply (cure the breach) or vacate. For example, if a notice is served on a Thursday, the tenant must comply by the following Tuesday (skipping Sat/Sun)​codes.findlaw.com. If the third day is a holiday or weekend, the deadline extends to the next court day. (If the notice was posted and mailed, courts usually treat it as “served” when posted, but mailing allows extra time – effectively giving about 5 days in practice to account for mailing.)

Throughout this period the landlord should document that the tenant received the notice (e.g. proof of mailing). If the tenant corrects the violation or moves out within 3 days, the landlord cannot proceed with eviction. Otherwise, once the 3-day period has expired with no compliance, the landlord may initiate an eviction lawsuit (Unlawful Detainer).

Filing an Unlawful Detainer (Eviction)

If the tenant neither cures nor vacates by the deadline, the landlord’s next step is to file an Unlawful Detainer complaint in the Superior Court. This typically involves these steps:

• Prepare Court Forms: Complete the Summons, Complaint, and a Case Cover Sheet. The complaint must state the facts supporting eviction: for example, “On [date] we served the tenant with a 3-Day Notice to Quit for [describe violation]​occourts.org.” Attach a copy of the actual notice as an exhibit. Be sure to allege that the notice was served (when, where, how) and that the tenant failed to comply by the deadline​occourts.org.
• File the Complaint: Take the originals and copies to the courthouse where the property is located. File them with the clerk and pay the required filing fee​sb-court.org. The clerk will issue a Summons (to be served on the tenant). The landlord (or attorney) should keep a copy of all filed papers and the clerk’s stamped copies.
• Serve Summons and Complaint: Have the tenant personally served with the Summons and Complaint in accordance with CCP §1167 (just as with any civil lawsuit). If the original 3-day notice was posted-and-mailed, use personal or substituted service if possible for the summons; if substituted service is used, also mail a copy. The Summons must be served within 60 days of filing or the case may be dismissed.

After service of the Summons, the tenant must file an Answer. Under current law the tenant generally has 10 days (excl. weekends/holidays) to respond if personally (hand-)served, or 20 days if the complaint was served by substituted service or posting-and-mailing​selfhelp.courts.ca.gov. (New 2024 statutes doubled these periods.) If the tenant fails to answer by the deadline, the landlord can request a default judgment and ultimately a writ of possession. If the tenant answers, the case proceeds to trial or settlement.

Throughout this process it is critical to continue following California law.  All notices and filings must strictly comply with the statutory requirements (CCP §1161–1163, §1167 et seq., and any applicable Civil Code provisions). Any mistakes (wrong notice type, improper service, missing information) can delay or derail the eviction. In summary, the sequence is: (1) serve the proper 3-Day Notice with correct content and under CCP §1162; (2) wait 3 days; (3) if the tenant has not complied, file an Unlawful Detainer in court, attaching the notice; (4) have the tenant served with the Summons/Complaint; and (5) pursue the eviction through judgment and writ if necessary.

Sources: California Code of Civil Procedure §1161(3)–(4), §1162 (methods of service)​codes.findlaw.com​codes.findlaw.com​law.justia.com; California Civil Code §1946.2 (cure-first rule)​law.justia.com; CA Superior Court self-help (notice requirements and service methods)​sb-court.org​sb-court.org​sb-court.org​sb-court.org​sb-court.org; legal guides on eviction procedure​ch-law.com​occourts.org​selfhelp.courts.ca.gov.

Disclaimer: Khan Paralegal and Notary is not an attorney and does not provide legal advice or attorney representation. Our services are limited to document preparation, filing assistance, and procedural guidance. For legal advice, please consult a licensed small claims, unlawful detainer, or eviction attorney.