3-Day Notices in California: Pay or Quit, Cure or Quit, and How to Serve Them

Not legal advice. We’re property managers, not attorneys. This post reflects our professional experience — not legal counsel. For your specific situation, consult a licensed attorney ↓

Key Facts

Before an eviction for unpaid rent or a lease breach, California requires a written 3-day notice that excludes weekends and court holidays, contains specific payment details, and is served by one of three approved methods.

Citation
Code Civ. Proc. §§ 1161, 1162
Status
In force
Jurisdiction
California
Applies to
All California landlords starting an eviction for nonpayment or breach
Key numberValueAs of
Notice period3 days, excluding weekends and court holidaysSep 25, 2026
Time to serve a rent noticeWithin 1 year after rent was dueSep 25, 2026
Payment bank locationWithin 5 miles of the propertySep 25, 2026
Fee for serving a noticeNot allowedFeb 1, 2025

Last reviewed Sep 25, 2026 · Checked against the official text

What it requires

  • A notice to pay rent or quit must state the exact amount due, who to pay, and how: name, phone, and address (with in-person hours), a bank account within five miles, or an established electronic payment method.
  • Count three days excluding Saturdays, Sundays, and court holidays. A rent notice can be served up to one year after the rent was due.
  • For a fixable lease breach, the notice must give the tenant three days to cure.
  • Serve by personal delivery; or, if the tenant is away, leave it with a suitable person and mail a copy; or post it and mail a copy.
  • Don’t charge the tenant a fee for serving or posting any notice.

Owner checklist

  • Right notice type for the problem
  • Exact rent owed, with no late fees mixed in
  • Deadline counted in court days
  • Copy mailed when substituted or posted service is used (same day is best practice)
  • Local just-cause and filing rules checked

What changed and what’s next

  • Feb 1, 2025: Landlords may not charge a fee for serving or posting a notice (SB 611)
  • Expected Jan 1, 2027: AB 747 adds service-proof requirements for eviction cases

From our East Bay files

In our experience, the most common avoidable cause of eviction case dismissal among self-managing landlords is a notice dated with the day it was written instead of the day it was served. A single notice defect in a contested East Bay case typically adds 4 to 8 weeks.

All East Bay Properties, Emeryville

Article provided for general informational purposes only and does not constitute legal advice. California landlord-tenant law is subject to change, and local ordinances in Berkeley, Oakland, and other East Bay cities may impose requirements beyond those described here. Consult a licensed attorney or qualified property management professional before taking action based on any information in this guide.

Jason Crouch · Founder, All East Bay Properties · CA DRE #01295378 · Licensed broker and East Bay property manager since 2005
Jason Crouch · Founder,
All East Bay Properties

Jason Crouch is the founder of All East Bay Properties, which he established in Emeryville in 2005. For more than 20 years, he has managed residential rental properties across Oakland, Berkeley, Emeryville, and the broader East Bay — navigating some of California’s most tenant-protective rental markets in the country.

Jason holds a California real estate broker license (DRE #01295378) and is a member of the National Association of Residential Property Managers (NARPM) — the professional association for property management specialists — and is a member of the Bridge Association of Realtors. He has served as Chair of the Emeryville Chamber of Commerce, as incoming Chair of the Oakland Association of Realtors, and on the board of BridgeMLS. He was also a board member of ECAP, the Emeryville Citizens Assistance Program.

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