Landlord Unpaid Rent Demand Before Eviction
Landlord Demand Letters for Unpaid Rent
Pre-Eviction Rent Demands for California Residential Landlords
California Rent Collection & Eviction Law
Pre-Eviction Demand Letters: Before filing an unlawful detainer (eviction) lawsuit, California landlords must serve tenants with written notice demanding payment of rent. While the 3-Day Notice to Pay Rent or Quit (CCP § 1161) is the formal legal notice required before eviction, an informal demand letter can often resolve the issue faster and preserve the landlord-tenant relationship.
Types of Rent Notices
| Notice Type | Purpose | Legal Effect |
|---|---|---|
| Informal Demand Letter | Friendly reminder or firm demand for rent; not required by law | No legal effect; cannot be used as basis for eviction |
| 3-Day Notice to Pay Rent or Quit (CCP § 1161) | Formal notice required before filing unlawful detainer | Legally required; gives tenant 3 days to pay or vacate |
| 30-Day / 60-Day / 90-Day Notice | Termination of tenancy (no cause required in non-just-cause jurisdictions) | Used to end month-to-month tenancies, not for rent collection |
3-Day Notice to Pay Rent or Quit (CCP § 1161)
This is the formal statutory notice required before filing an unlawful detainer lawsuit:
- When Required: Tenant has failed to pay rent when due
- Form Requirements: Must state exact amount of rent owed, period for which rent is due, demand for payment within 3 days or tenant must vacate
- Service: Must be served personally, by substituted service, or by posting and mailing
- Timing: Tenant has 3 days (excluding Saturdays, Sundays, and court holidays) to pay full amount or vacate
- Payment: If tenant pays full amount within 3 days, tenancy is reinstated and landlord cannot proceed with eviction
⚠️ Strict Compliance Required: 3-Day Notices must strictly comply with CCP § 1161. Any error (incorrect rent amount, wrong address, improper service) voids the notice and requires starting over. Many landlords use attorney-prepared forms to avoid costly mistakes.
AB 1482: Statewide Rent Cap & Just Cause Eviction
California’s Tenant Protection Act (Civil Code § 1946.2) imposes restrictions on evictions statewide:
- Covered Properties: Applies to most residential properties over 15 years old (exemptions: single-family homes, condos if owner gives notice, new construction after 2/1/2020)
- Just Cause Required: Landlords can only evict for specific “at-fault” reasons (nonpayment of rent, lease violations, nuisance, illegal activity) or “no-fault” reasons (owner move-in, substantial remodel, withdrawal from rental market)
- Relocation Assistance: No-fault evictions require one month’s rent in relocation assistance
- Rent Cap: Annual rent increases capped at 5% + CPI (max 10% total)
Nonpayment Is At-Fault Just Cause: Failure to pay rent is a valid “at-fault” just cause for eviction under AB 1482. Landlords need not provide relocation assistance or additional justification when evicting for nonpayment.
Local Ordinances: Rent Control & Eviction Protections
Many California cities have stricter rules than state law:
- Los Angeles: Rent Stabilization Ordinance (RSO) limits rent increases and requires just cause; tenants can pay within 5 days of 3-Day Notice without landlord being able to proceed
- San Francisco: Rent control, just cause, and strict notice requirements; 3-Day Notices must include specific language about tenant rights
- Oakland, Berkeley, San Jose, Santa Monica: Various rent control and just cause eviction protections
⚠️ Check Local Rules: Always verify local eviction ordinances before serving notices or filing unlawful detainer. Failure to comply with local requirements can result in dismissal of eviction case.
Rent Collection Strategy: Informal Demands vs. Formal Notices
When to Use Informal Demand Letters
Advantages:
- Preserve Relationship: Friendly tone maintains good landlord-tenant relationship if tenant has temporary financial difficulty
- Faster Resolution: Tenant may respond more cooperatively to informal reminder than formal legal notice
- Flexibility: Can offer payment plans or negotiate solutions without triggering formal eviction process
- Lower Risk: Avoids technical errors that could void a 3-Day Notice
Best For:
- First-time late rent (tenant normally pays on time)
- Short delays (rent is 3-7 days late)
- Tenant has communicated legitimate hardship (job loss, medical emergency)
- Long-term, reliable tenants with good payment history
- Situations where you’re willing to negotiate a payment plan
When to Serve 3-Day Notice (Skip Informal Demand)
Serve Formal Notice Immediately When:
- Tenant is chronically late (repeated pattern of nonpayment)
- Tenant has ignored prior informal demands
- Rent is 10+ days late with no communication from tenant
- Tenant has violated other lease terms in addition to nonpayment
- You have already offered payment plans or accommodations that tenant failed to honor
- Tenant is actively avoiding you (not responding to calls, emails, or texts)
- You need to start the eviction clock immediately (e.g., property is in foreclosure, you need unit vacant by specific date)
Late Fees & Additional Charges
California law allows late fees if specified in the lease and reasonable:
- Reasonableness: Late fees must reasonably reflect landlord’s administrative costs and damages from late payment
- Typical Amounts: $25-$75 flat fee, or 5-10% of monthly rent
- Grace Periods: Many leases provide 3-5 day grace period before late fees accrue
- Daily Fees: Some leases charge daily late fees (e.g., $10/day after grace period)
⚠️ Cannot Include Late Fees in 3-Day Notice: CCP § 1161.1 prohibits including late fees, interest, or other charges in the rent amount stated on a 3-Day Notice to Pay Rent or Quit. Only actual rent owed can be demanded. You can sue for late fees separately in small claims court or unlimited civil court.
Payment Plans: Pros & Cons
Benefits of Offering Payment Plans:
- Avoid costs and delays of eviction (filing fees, attorney fees, lost rent during vacancy)
- Maintain occupancy and cash flow (even partial rent is better than zero while unit is vacant)
- Preserve relationship with otherwise good tenant
- Avoid potential defenses tenant might raise in eviction (habitability, retaliation, discrimination)
Risks of Payment Plans:
- Tenant may default on payment plan, further delaying eviction
- Creates precedent that tenant can pay late without consequences
- Other tenants may see leniency and also pay late
- Continues tenancy with financially unreliable tenant who may default again
Best Practice: If offering a payment plan, put it in writing as a formal agreement specifying: exact payment amounts, due dates, acceleration clause (full balance due immediately if tenant misses any payment), tenant’s acknowledgment they are in default, waiver of any defenses, and stipulation that landlord can proceed with eviction immediately if plan is violated.
Partial Payments: Waiver Risk
⚠️ Accepting Partial Payment Can Void 3-Day Notice: If you serve a 3-Day Notice and then accept any partial payment, you may waive your right to proceed with eviction based on that notice. If you want to accept partial payment, either: (1) wait until after 3-day period expires and tenant has vacated or (2) have tenant sign stipulation that partial payment does not waive notice.
How to Write an Effective Rent Demand Letter
Two Approaches: Friendly vs. Firm
Friendly Approach: Use for first-time late payers or tenants with good history. Tone is polite but clear. Offers assistance (payment plan) while stating consequences if rent not paid.
Firm Approach: Use for repeat offenders or when tenant has ignored prior demands. Tone is formal and direct. States exact amount owed, deadline for payment, and consequences (formal 3-Day Notice and eviction).
Essential Components
| Component | What to Include |
|---|---|
| Header | Your name/property management company, address, phone, email; tenant name and unit address |
| Subject Line | “Rent Payment Demand” or “Notice of Past Due Rent” |
| Amount Owed | Exact rent amount owed and rental period (e.g., “$2,500 for December 2024 rent”) |
| Due Date | Original rent due date and number of days late |
| Late Fees | Late fee amount if applicable (cite lease provision) |
| Deadline | Specific date by which payment must be received (typically 5-10 days from letter date) |
| Payment Method | How to pay (check, online portal, wire transfer, etc.) |
| Consequences | State that failure to pay will result in 3-Day Notice and eviction proceedings |
| Contact Info | Invite tenant to contact you to discuss payment arrangements |
Delivery Method
- Email + Hard Copy: Send via email (if you have tenant’s email) and deliver hard copy
- Posted on Door + Mailed: Tape to tenant’s door and send via first-class mail
- Certified Mail (Optional): For firm demands, use certified mail to create paper trail
- Text Message (Supplemental): If you communicate with tenant via text, send brief text alerting them to check email or door for important notice
What NOT to Include
- Threats: Never threaten to lock out tenant, shut off utilities, or remove their property (all illegal under Civil Code § 789.3)
- Personal Attacks: Avoid insulting or demeaning language
- Unenforceable Demands: Don’t demand tenant move out immediately (must follow eviction process)
- Incorrect Amounts: Double-check calculations; errors undermine credibility
- Legal Advice: Don’t advise tenant on their legal rights or suggest they don’t need an attorney
Follow-Up Timeline
| Day | Action |
|---|---|
| Day 1 | Send informal demand letter |
| Day 3-5 | Follow up with phone call or email if no response |
| Day 7-10 | If deadline passes with no payment, prepare 3-Day Notice to Pay Rent or Quit |
| Day 11-14 | Serve 3-Day Notice (personally, substituted service, or post-and-mail) |
| Day 17+ | If tenant fails to pay within 3-day period, file unlawful detainer lawsuit |
Sample Rent Demand Letters
Sample 1: Friendly Reminder (First-Time Late)
[Your Name / Property Management Company]
[Address]
[Phone]
[Email]
[Date]
[Tenant Name]
[Rental Property Address]
[City, State ZIP]
RE: Reminder – Rent Payment Past Due
Dear [Tenant Name]:
I hope this message finds you well. I am writing to remind you that your rent payment for [Month Year] in the amount of $[Rent Amount] was due on [Due Date] and has not yet been received.
As of today, [Current Date], your rent is [X] days past due.
I understand that unexpected circumstances can arise, and I wanted to reach out before taking any formal action. If you are experiencing financial difficulty, please contact me as soon as possible so we can discuss possible arrangements.
AMOUNT DUE:
Rent for [Month Year]: $[Amount]
Late Fee (per lease § [X]): $[Late Fee]
Total Amount Due: $[Total]
PAYMENT DEADLINE:
Please submit full payment by [Deadline Date, typically 5-7 days from letter].
You may submit payment via:
• Online portal: [URL]
• Check payable to [Your Name], mailed to [Address]
• [Other payment methods]
If payment is not received by [Deadline Date], I will be required to serve you with a formal 3-Day Notice to Pay Rent or Quit, which is the first step in the eviction process.
I value you as a tenant and hope we can resolve this matter quickly. Please feel free to contact me at [Phone] or [Email] to discuss this.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Signature]
[Your Printed Name]
[Title, if applicable]
Sample 2: Firm Demand (Repeat Late Payer)
[Your Name / Property Management Company]
[Address]
[Phone]
[Email]
[Date]
[Tenant Name]
[Rental Property Address]
[City, State ZIP]
SENT VIA EMAIL AND CERTIFIED MAIL
RE: FINAL DEMAND FOR PAYMENT OF PAST DUE RENT
Dear [Tenant Name]:
This letter constitutes a final demand for payment of past due rent for the rental property located at [Address].
As of [Date], you owe the following:
PAST DUE RENT:
• [Month 1 Year]: $[Amount]
• [Month 2 Year]: $[Amount] (if applicable)
• [Month 3 Year]: $[Amount] (if applicable)
SUBTOTAL RENT OWED: $[Rent Subtotal]
LATE FEES:
• Late fees per lease agreement: $[Late Fee Amount]
TOTAL AMOUNT DUE: $[Total Amount]
Your rent has been past due for [X] days. This is the [second/third/fourth] time in the past [timeframe] that your rent has been late. On [Prior Date(s)], I sent you [informal demand letters / payment reminders] regarding prior late payments.
Under the terms of your lease agreement dated [Lease Date], rent is due on the [1st] of each month. Failure to pay rent when due is a material breach of the lease.
DEADLINE FOR PAYMENT:
You must pay the full amount of $[Total] by [Deadline Date – typically 5-7 days]. Payment must be received by this date – postmarks will not be accepted.
Payment must be made via:
• [Cashier’s check or money order] payable to [Your Name]
• Delivered to: [Address]
[OR: Online portal / wire transfer instructions]
CONSEQUENCES OF NON-PAYMENT:
If full payment is not received by [Deadline Date], I will immediately serve you with a 3-Day Notice to Pay Rent or Quit pursuant to California Code of Civil Procedure § 1161. If you fail to pay within 3 days of service of that notice or fail to vacate the premises, I will file an unlawful detainer (eviction) lawsuit against you.
An eviction judgment will:
• Require you to vacate the property
• Result in a money judgment against you for all rent owed, court costs, and attorney fees
• Damage your credit and rental history, making it difficult to rent in the future
• Potentially result in wage garnishment and bank levies to collect the judgment
I am not willing to negotiate further payment plans at this time due to your history of late payments and failure to honor prior arrangements.
Pay the full amount owed by [Deadline Date] or face eviction proceedings.
If you have any questions, contact me at [Phone] or [Email].
Sincerely,
[Your Signature]
[Your Printed Name]
[Title]
Sample 3: Demand with Payment Plan Offer
[Your Name / Property Management Company]
[Address]
[Phone]
[Email]
[Date]
[Tenant Name]
[Rental Property Address]
[City, State ZIP]
RE: Past Due Rent and Payment Plan Option
Dear [Tenant Name]:
I am writing regarding your past due rent for [Month(s) Year]. As of [Date], you owe:
Rent for [Month Year]: $[Amount]
Late Fee: $[Amount]
Total Due: $[Total]
I understand you are experiencing financial hardship due to [job loss / medical emergency / etc., if you know]. I want to work with you to resolve this matter without resorting to formal eviction proceedings.
PAYMENT PLAN OPTION:
I am willing to offer you a payment plan with the following terms:
1. Immediate Payment: Pay $[Amount] by [Date] as a good-faith down payment
2. Installment 1: Pay $[Amount] by [Date]
3. Installment 2: Pay $[Amount] by [Date]
4. Installment 3: Pay $[Amount] by [Date]
Additionally, you must continue paying your current monthly rent of $[Amount] on time on the 1st of each month going forward.
PAYMENT PLAN AGREEMENT:
If you wish to accept this payment plan, you must:
• Sign the attached Payment Plan Agreement and return it to me by [Date]
• Make the first payment of $[Amount] by [Date]
CONSEQUENCES OF DEFAULT:
If you miss any payment under this plan or fail to pay current rent on time, the entire balance will become immediately due and I will proceed with serving a 3-Day Notice to Pay Rent or Quit and filing an unlawful detainer action.
ALTERNATIVE: FULL PAYMENT
If you are able to pay the full amount of $[Total] by [Date], I will waive the late fees and we can put this matter behind us.
Please contact me by [Date] to confirm whether you will accept the payment plan, pay in full, or if you need to discuss other options.
If I do not hear from you by [Date], I will proceed with serving a formal 3-Day Notice to Pay Rent or Quit.
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosure: Payment Plan Agreement
The Eviction Process: From 3-Day Notice to Judgment
Step 1: Serve 3-Day Notice to Pay Rent or Quit
If informal demand fails, serve formal statutory notice:
- Content: Must state exact rent amount owed, rental period, demand for payment within 3 days OR tenant must vacate
- Service Methods: Personal service (hand to tenant), substituted service (another person at residence + mail), or post-and-mail (post on door + mail)
- 3-Day Calculation: Excludes Saturdays, Sundays, and court holidays; if served on Friday, tenant has until Wednesday of following week
⚠️ Common Errors That Void 3-Day Notices:
• Including late fees or other charges (only rent can be demanded)
• Incorrect rent amount
• Demanding more rent than actually owed
• Improper service (must follow CCP § 1162 exactly)
• Not allowing tenant option to pay (e.g., saying “vacate immediately”)
Step 2: Wait for 3-Day Period to Expire
- Cannot file unlawful detainer until 3-day period expires
- If tenant pays full amount during 3-day period, tenancy is reinstated and you cannot proceed with eviction
- If tenant pays partial amount, you can accept it (voiding the notice) or reject it and proceed with eviction
Step 3: File Unlawful Detainer Lawsuit
If tenant fails to pay or vacate within 3 days, file eviction lawsuit in superior court:
- Forms: Complaint (UD-100), Summons (SUM-130), Civil Case Cover Sheet (CM-010)
- Filing Fee: Approximately $240-$435 depending on county
- Service: Must serve tenant with summons and complaint (personal service, substituted service, or posting)
Step 4: Tenant’s Response (5 Days)
Tenant has 5 calendar days to file written response (Answer):
- Common Defenses: Habitability violations, retaliation, discrimination, improper notice, rent already paid, breach of warranty
- If Tenant Doesn’t Answer: Landlord can request default judgment (automatic win)
- If Tenant Answers: Case proceeds to trial
Step 5: Trial (Typically 20-30 Days After Filing)
Unlawful detainer trials are expedited:
- Landlord must prove tenant failed to pay rent and proper notice was served
- Tenant can raise defenses (habitability, retaliation, etc.)
- If landlord wins: court issues judgment for possession and money damages (rent owed + court costs)
- If tenant wins: case dismissed and tenant can remain
Step 6: Writ of Possession & Sheriff Lockout
If landlord obtains judgment:
- Landlord requests Writ of Possession from court
- Sheriff posts 5-Day Notice to Vacate on tenant’s door
- If tenant doesn’t leave, sheriff physically removes tenant and belongings
- Landlord can change locks after sheriff lockout
Total Timeline
| Step | Timeframe |
|---|---|
| 3-Day Notice | 3 days |
| File Unlawful Detainer | 1-2 days |
| Serve Tenant | 3-5 days |
| Tenant’s Response Period | 5 days |
| Trial | 20-40 days from filing |
| Writ & Sheriff Lockout | 10-15 days after judgment |
| Total: Uncontested Case | 30-45 days |
| Total: Contested Case | 60-90 days |
COVID-19 & Tenant Protections: California’s COVID-19 eviction moratoriums have largely expired, but some local ordinances remain in effect. Check local rules before filing unlawful detainer, especially if tenant claims inability to pay due to COVID-related hardship.
Attorney Services for Landlords
Need Help Collecting Rent or Evicting a Tenant?
I represent residential landlords in rent collection, eviction proceedings, and landlord-tenant disputes. I can draft demand letters, prepare and serve 3-Day Notices, file unlawful detainer lawsuits, and represent you at trial.
How I Can Help
- Rent Demand Letters: I draft professional demand letters that maximize your chance of collecting rent without eviction
- 3-Day Notice Preparation: I prepare legally compliant 3-Day Notices to Pay Rent or Quit that avoid common errors that void notices
- Service of Process: I arrange proper service of 3-Day Notices and unlawful detainer summons/complaints to ensure legal compliance
- Unlawful Detainer Filing: I prepare and file all unlawful detainer documents, handle service, and manage court deadlines
- Default Judgments: If tenant doesn’t respond, I obtain default judgment and Writ of Possession quickly
- Trial Representation: I represent you at trial, present evidence, cross-examine witnesses, and argue your case
- Appeals: If tenant appeals, I defend the judgment in appellate court
- Post-Judgment Collection: I pursue collection of money judgments through wage garnishment, bank levies, and property liens
Unlawful Detainer Services
I handle all aspects of residential evictions:
- Nonpayment of Rent: 3-Day Notice to Pay Rent or Quit for unpaid rent
- Lease Violations: 3-Day Notice to Cure or Quit for lease violations (unauthorized occupants, pets, nuisance)
- No-Cause Termination: 30/60/90-Day Notices for month-to-month tenancies (where permitted)
- Owner Move-In: AB 1482 compliant notices for owner/family move-in evictions
- Nuisance & Waste: 3-Day Unconditional Quit notices for serious violations
Defending Against Tenant Counterclaims
Tenants often raise defenses and counterclaims in eviction cases:
- Habitability Defense: Tenant claims unit is uninhabitable and withholds rent; I establish that repairs were made or defects were minor
- Retaliation Claims: Tenant claims eviction is retaliation for repair requests or complaints; I prove legitimate nonretaliatory reason for eviction
- Discrimination: Tenant alleges Fair Housing Act violations; I establish legitimate, non-discriminatory business reason
- Breach of Quiet Enjoyment: Tenant claims landlord harassment; I demonstrate proper conduct and adherence to access rules
Flat-Fee Unlawful Detainer Services
Transparent Pricing: I offer flat-fee unlawful detainer services for straightforward nonpayment cases. Flat fee typically covers 3-Day Notice preparation, complaint filing, default judgment, and writ of possession. Trial representation and contested cases are billed separately. Contact me for a quote based on your specific situation.
When to Consult an Attorney
Consider hiring an attorney if:
- Tenant has failed to pay rent and informal demands have been ignored
- You need to serve a legally compliant 3-Day Notice and cannot afford errors
- Tenant is likely to contest the eviction (has hired attorney, raised habitability or retaliation defenses)
- Property is subject to rent control or local just-cause eviction ordinances
- You have never handled an unlawful detainer and want guidance through the process
- Tenant has filed bankruptcy (automatic stay complicates eviction)
Schedule a Call
Book a call to discuss your rent collection or eviction case. I’ll review your situation, explain the eviction timeline, and provide a quote for legal services.
Contact Information
Email: owner@terms.law
Frequently Asked Questions
Yes, if your lease specifies late fees and they are reasonable. However, you cannot include late fees in the amount demanded on a 3-Day Notice to Pay Rent or Quit—only the actual rent can be included. You can sue for late fees separately in small claims court or include them as damages in the unlawful detainer complaint.
Accepting partial payment after serving a 3-Day Notice can waive your right to proceed with eviction based on that notice. You have two options: (1) reject the partial payment and proceed with eviction, or (2) accept the partial payment and serve a new 3-Day Notice for the remaining balance (if tenant is still in default). Best practice: if tenant offers partial payment, have them sign a stipulation stating that partial payment does not waive the notice.
Uncontested evictions (tenant doesn’t file answer) typically take 30-45 days from serving the 3-Day Notice to sheriff lockout. Contested evictions (tenant files answer and asserts defenses) take 60-90 days or longer if the case is complex. Timeline varies by county—some courts schedule trials faster than others. COVID-19 backlogs may cause additional delays in some jurisdictions.
Absolutely not. Civil Code § 789.3 makes self-help evictions illegal. You cannot lock out the tenant, shut off utilities, or remove their property, even if they owe rent. The only legal way to evict is through the court process. Illegal lockouts result in automatic statutory damages of $100/day (minimum $250), actual damages, attorney fees, and potential punitive damages.
Habitability defenses are common in eviction cases. Tenant must prove: (1) defects substantially affect habitability; (2) they notified you of defects and gave reasonable time to repair; (3) defects were not caused by tenant; (4) tenant did not waive habitability rights. To defend: prove you made repairs promptly, defects were minor or cosmetic, tenant never notified you of issues, or tenant caused the damage. Document all repair requests and responses.
It depends. Payment plans can avoid costly evictions and maintain occupancy, but they also prolong tenancy with an unreliable tenant who may default again. Consider: tenant’s payment history, reason for nonpayment (temporary hardship vs. chronic financial instability), cost of eviction vs. value of maintaining tenancy, and your risk tolerance. If you do offer a plan, put it in writing with strict terms and an acceleration clause allowing immediate eviction if tenant defaults.