The 3-Day Notice to “Pay Rent or Quit”

If your rent is late or not paid in full, the landlord may give you a notice called a “Three-Day Notice to Pay Rent or Quit.” The landlord cannot give you this notice until the rent is late. This notice must be in writing.

What must a “3-day notice to pay rent or quit” say?

By law, the notice must state:

    The exact amount of rent you owe (generally, this may NOT include late charges or other fees, although some courts have allowed late charges to be included);
    That you have a choice of paying the rent or MOVING OUT (“Quit” is the legal term for moving out);
    Your correct address;
    The name, address and telephone number of the person you are supposed to pay the rent to; AND
    If you are allowed to pay rent in person, the usual days and hours the person receiving the rent will be available. Note: If there is some other way you are supposed to pay rent, the landlord may have to explain that to you.

What are my options if I get a “3-day notice to pay rent or quit”?

To figure out when the third day is, start counting with the day after you received the notice. If the third day falls on a Saturday, Sunday or a holiday, you then have until the next business day to pay or move.

(1) One choice is that you can move out during the 3 days. If you move out at this time, technically, the landlord CANNOT file a court eviction against you. However, some landlords try to do so anyway. If this happens, you should call a legal aid office immediately; see a list of legal aid providers across California on PG. 1127 that may be able to assist you. Also, even if you move out within the 3 days, the landlord can later sue you for past rent due. Most landlords will not bother with this.

(2) Another choice is to pay the rent. If you decide to pay, you should pay the ENTIRE AMOUNT that the notice asks for, before the three days are up. Make sure that you get a receipt. If you cannot pay the full amount, you may be better off not paying anything —unless you can agree on a payment schedule with the landlord. If you reach such an agreement, make sure it is in writing and keep a copy of the agreement.

If you offer the full amount asked for within the 3 days, the landlord MUST ACCEPT the money from you. If you think the landlord might refuse your money, take along a friend to be a witness just in case. After the 3 days, the landlord does not have to accept any money from you. If you decide to try to pay the landlord even though the 3 days are up, you should get a RECEIPT and ask the landlord to agree IN WRITING not to evict you. If the landlord refuses to agree to that, the landlord may still try to evict you.

What could happen if I do not pay my rent or do not move within the 3 days?

The landlord must go to court to evict you.

After the 3 days are over, the landlord cannot simply put you out in the street, change the locks, or have the police or sheriff evict you without going to court first. The 3-Day notice is only the first step in the eviction process. The landlord must go to court and get a judge’s order to get the rent and the house or apartment back. For a short explanation of the eviction process, see PG. 398.