Three-day notice to pay rent or quit in California
A three-day notice to pay rent or quit in California is used by a landlord in order to demand that a tenant or tenants pay the rent that is overdue within thee days or vacate the premises. However, the law requires that the three-day notice be prepared and served correctly, and it must contain certain information. It also must allow the tenant the opportunity to cure the default in the payment of rent or vacate the premises.
One of the first things that any tenant served with a three day notice to pay rent or quit in California should do is closely examine the notice for defects. The notice must contain the following information.
The exact amount of rent due. If the amount is overstated the notice is defective and will not support an eviction proceeding. This rule does not apply to commercial tenancies. But even with a commercial tenancy, a demand that exceeds 20 percent of the amount due is defective and will not support a UD judgment. The notice for a residential tenant cannot demand any amount for a “late fee”. Almost all judges would consider any notice containing a “late fee” to be defective as late charges are not considered rent.
It must not be served until after the stated amount of rent becomes due. In other words it cannot be served on the date the rent is due. This means that if a lease or rental agreement, which virtually all due, states that the rent is due on the first day of the month the three-day notice cannot be served until the second day of the month at the earliest. If the second day is on a weekend or holiday then the tenant has until the next business day to pay the rent without being considered late.
It must have the entire street address of the premises, state the time period for which the rent is overdue, must have the name, address and phone number of the person to pay the rent to, as well as the days of the week and hours in which the rent may be paid. If it does not state these items the notice is defective.
And if the address given for the payment of rent does not allow for personal delivery then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure. So a tenant who cannot personally pay the rent because the address given is a post office box should mail the rent check, and get proof of mailing from the post office. That way the rent is considered paid on the date it is mailed.
And if the three-day notice period expires on a Saturday, Sunday or Court holiday then the tenant has until the next business day to comply with the notice.
If the three day notice is defective the best course of action is to wait until an eviction proceeding is filed and then use the defective notice as grounds for filing a demurrer to the complaint.
The author of this article, Stan Burman, is a freelance paralegal with over 15 years of experience in civil litigation in California Courts including unlawful detainers. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information.
