Full question:
What procedure do I need to take to answer a 3-day or quit notice?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
In California, a landlord can terminate a tenancy with a three-day written notice if the tenant has:
- Failed to pay rent.
- Violated lease provisions.
- Materially damaged the property.
- Interfered with other tenants.
- Used the property unlawfully.
If the notice is for unpaid rent, it must specify the amount due and provide:
- The name, address, and phone number of the person to whom the rent should be paid.
- Days and hours for in-person payment, if applicable.
- The address for mailing rent if personal delivery is not accepted.
Proof of mailing (like a certified mail receipt) can establish that the landlord received the payment on the postmark date. If the notice is for another violation, it must describe the issue. Depending on the violation, the notice may require the tenant to correct it or simply move out.
If the tenant pays the due rent or corrects a correctable violation within the three days, the lease continues. If payment is made after the three-day period, the landlord can choose to accept it or file for eviction. Paying the past-due rent in cash is generally not allowed.
If the tenant believes the rent amount demanded is incorrect, they should address this with the landlord immediately and offer to pay the correct amount, keeping written confirmation of the offer. If the tenant does not pay or vacate by the end of the third day, they are unlawfully occupying the unit, and the landlord can initiate eviction proceedings.
Even if the notice does not allow for correction, the tenant may try to negotiate with the landlord to stay. If the landlord accepts the tenant's proposal, they may issue another notice if further violations occur.
It’s important to note that the three-day period starts the day after the notice is served. If the third day is a weekend or holiday, the period extends to the next business day.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.