The 3-Day Notice to Perform Covenant(s) or Quit

Sometimes this kind of notice is called “3-Day Notice to Perform or Quit.”

The landlord will give you this notice if s/he believes that you did something OR failed to do something that violated your lease or rental agreement. Some examples include, if you did not pick up trash around your place, if you took in pets when they are not allowed, or if you left a junk car in the parking lot. This notice must be IN WRITING.

After you get this notice, you have 3 days to fix the problem or move out.

To figure out when the last day to fix the problem or move out 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 correct the problem. If you do not fix the problem and if you do not move out by the third day, your landlord may start the court process to evict you. However, after the three 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 landlord must file court papers 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.

If you feel that you are being wrongly accused of breaking the lease, you should write to your landlord explaining your side of the story. Make sure to date and sign the letter and get it to the landlord as soon as possible. Make a copy of it to keep for your records.

If you already have broken the lease or rental agreement but now you agree to obey it, you should write a letter to the landlord. Tell him or her that you have done what the notice requested and that you will obey the lease agreement from now on. Sign and date the letter and get it to the landlord as soon as possible. Keep a copy for your records.