Your deadline
You have 3 days, not counting Saturdays, Sundays, and court holidays, from the day the notice is served to pay the full amount demanded or move out. Paying the full amount inside that window ends the notice. If the period passes with nothing paid, the landlord can file an unlawful detainer lawsuit, and the next paper you receive will be a SUM-130 summons.
- Form
- No official form, written by the landlord
- Official name
- 3-Day Notice to Pay Rent or Quit
- Who gives it to you
- Written by the landlord or property manager and delivered to you, not filed with a court
- The clock it starts
- 3 days, not counting Saturdays, Sundays, or court holidays, to pay the full amount or move out
What to do if you are served one
- Check every required element. A valid notice states the exact amount of rent owed with no late fees or utilities, the name, phone number, and address of the person to pay, the days and hours payment can be made, and the period covered. A notice missing any of these can be defective.
- Confirm the amount against your records. The notice may only demand rent that came due within the past year, and only rent, not other charges. A notice that overstates the rent is defective.
- Count the 3 days correctly. Day one is the day after service. Skip Saturdays, Sundays, and court holidays. If the last day lands on a weekend it rolls to the next court day.
- Pay in full inside the window if you can, or call. Paying the full amount demanded, on time, in the manner the notice specifies, ends the notice. If you cannot, call before the period ends so the notice can be reviewed for defects while there is still time to use them.
A 3-day notice to pay rent or quit is the paper most California evictions begin with. It is not a court document and there is no official form for it: the landlord or the property manager writes it, and the law lists what it has to contain. Because landlords write their own, notices are wrong more often than people expect, and a defective notice is the most common reason an eviction case fails.
What a valid notice must contain
Under California law a 3-day notice to pay rent or quit must state:
- The exact amount of rent owed. Rent only. Late fees, utilities, parking, and other charges cannot be included in the demand, and the amount cannot include rent that came due more than a year ago.
- The name, telephone number, and address of the person to whom rent is to be paid.
- The days and hours that person is available to receive payment, or, if payment is by mail, the address, or if by electronic transfer, the account or the instruction.
- A statement that the tenant must pay or move out within 3 days.
- The period the rent covers, so you can check it against your own records.
A notice that overstates the amount, bundles in non-rent charges, leaves out the payment instructions, or names the wrong property is defective, and a lawsuit built on it can be lost by the landlord on that ground alone.
How the 3 days are counted
The count starts the day after the notice is served and excludes Saturdays, Sundays, and court holidays. A notice served on a Friday normally expires at the end of the following Wednesday. If the notice was posted on your door and mailed rather than handed to you, the count can start on a different day, and the method of service can itself be a defense.
What paying does
Paying the full amount demanded, inside the window, in the manner the notice specifies, satisfies the notice. The landlord cannot file an eviction on it. Get a receipt. A partial payment does not satisfy the notice unless the landlord agrees in writing to accept it, and a landlord who accepts full rent after the notice period can be treated as having waived the notice.
What happens if the period passes
The landlord can file an unlawful detainer lawsuit. You will be served with a SUM-130 summons and a UD-100 complaint, and the notice will be attached to the complaint as its foundation. From that point the deadline is measured in court days and the defects in the notice become the defenses in your UD-105 answer.
The best time to have a notice reviewed is while it is still just a notice. Read it to us over the phone; the consultation is free.
Frequently asked questions
What is a 3-day notice to pay rent or quit?
It is a written demand from a landlord in California telling a tenant to pay overdue rent within 3 days or move out. It is the required first step before a landlord can file an eviction lawsuit for nonpayment. It is not a court document, and receiving one does not mean a case has been filed.
Is there an official form for a 3-day notice?
No. Unlike the summons and complaint, the notice is written by the landlord. There is no Judicial Council form. That is part of why notices are so often defective: the law lists what they must contain, and landlords writing their own frequently get it wrong.
How are the 3 days counted?
The count starts the day after the notice is served and excludes Saturdays, Sundays, and court holidays. A notice served on a Friday, for example, normally expires at the end of the following Wednesday. Do not count the day of service.
What happens if I pay within the 3 days?
The notice is satisfied and the landlord cannot file an eviction based on it. Pay the full amount, in the way the notice specifies, and get a receipt. Partial payment does not satisfy the notice unless the landlord agrees in writing to accept it.
What happens after a 3-day notice expires?
The landlord can file an unlawful detainer lawsuit. You will then be served with a SUM-130 summons and a UD-100 complaint, and the notice will be attached to the complaint as the basis of the case. The response deadline at that point is measured in court days.
Can I fight a 3-day notice?
The notice itself is not something you file a response to, but its defects become the defenses in your court response later. A notice that demands the wrong amount, includes non-rent charges, omits payment instructions, or was served improperly is challenged in California courts every day.
This website provides general information about the California eviction process and is not legal advice. Court forms are reproduced from the Judicial Council of California; confirm you are using the current revision before filing.