3-day notice to pay rent or quit in California: what it means and what to do

How the three days are counted

Under Code of Civil Procedure section 1161, a landlord who claims unpaid rent must first give the tenant a written notice demanding payment or possession. For notices to pay rent or quit, Saturdays, Sundays and judicial holidays are not counted. The three days start the day after the notice is served. A notice delivered on a Thursday therefore usually expires at the end of the following Tuesday, unless a court holiday falls in between.

How the notice was delivered also matters. The law allows personal delivery to you, delivery to another adult at your home or work followed by mailing, or, if neither is possible, posting on the door together with mailing. If the landlord only texted or emailed the notice, or skipped a required step, the notice may be defective. That does not cancel the rent you owe, but it can be a defense if the landlord files in court.

What the notice must say

The notice must state the amount of rent the landlord claims is due and tell you to whom, where and how you can pay, including a name, address and telephone number. If payment can be made in person, it should say on which days and at what times. The amount claimed generally must be rent for a period no more than one year before the notice.

Check the amount against your own records. A notice that demands more than the rent actually owed, or that lumps in charges that are not rent, may not support an eviction. Whether a particular charge counts as rent depends on your lease and on the law, so ask an attorney or a self-help center if the figure looks wrong.

• Write down the date and the way you received the notice.
• Compare the amount with your lease, bank records and rent receipts.
• Keep the original notice and take a photo of it.

Your options within the three days

If you can pay the full amount stated in the notice before the deadline, the landlord generally must accept it and the notice is satisfied. Pay in a way that leaves a record, such as a check, money order or electronic transfer, and keep proof. If you can pay only part of the rent, the landlord does not have to accept it; if they do, get a written note of what was agreed.

If you disagree with the notice, put your reasons in writing and keep a copy. Many cities and counties offer free tenant counseling, mediation or emergency rental assistance, and some local ordinances add requirements that a landlord must meet before evicting. Tenants who withheld rent because of serious repair problems should get advice quickly, because the habitability defense has to be raised properly in court.

Moving out is also an option, but it does not erase unpaid rent. Do not assume the matter is over just because the deadline has passed and nothing has happened yet.

What happens after the deadline

Once the three days have passed without payment, the landlord may refuse late payment and file an unlawful detainer complaint in the superior court. You would then be served with a summons and complaint. From that moment you have only a short time to file a written response, and if you do not respond, the landlord can ask for a default judgment.

Your landlord may not take matters into their own hands. Changing the locks, removing doors or your belongings, or shutting off utilities to force you out is prohibited by Civil Code section 789.3. Only a sheriff can remove a tenant, and only after the court has entered a judgment.