What must a California 3-day notice to pay rent include?

A valid California 3-day notice must include: the tenant's name, property address, exact amount of rent owed (rent only - no late fees or other charges), dates the rent covers, name and address where rent can be paid, statement that payment can be made in person, and accepted payment methods. The notice must comply with CCP 1161 requirements or the eviction case will be dismissed.

How should a tenant respond to a 3-day notice in California?

Tenants receiving a 3-day notice should: (1) verify the rent amount is correct with no improper charges included, (2) check that all notice requirements were met, (3) pay the rent in full if possible to avoid eviction, (4) negotiate a payment plan if unable to pay, (5) apply for rental assistance programs, or (6) consult an attorney about potential defenses such as habitability issues or improper notice.

What are valid defenses to a California 3-day notice?

Valid defenses include: defective notice (wrong amount, missing information, improper charges), improper service, rent already paid, breach of habitability (CC 1942), retaliatory eviction (CC 1942.5), discrimination, rent control violations, COVID-era protections, and procedural errors. Under CCP 1174.2, tenants may also raise the defense that they tendered rent within the notice period but it was refused.

Can a landlord include late fees in a 3-day notice?

No. California law strictly prohibits including late fees, utilities, damages, attorney fees, or any charges other than base rent in a 3-day notice. Including any non-rent amount will invalidate the notice and result in dismissal of the eviction case. Landlords must pursue these charges separately.

California Unpaid Rent Demand Letter - 3-Day Notice Requirements

📋 Understanding California Unpaid Rent Demands

California has strict requirements for collecting delinquent rent. Before filing an unlawful detainer (eviction) lawsuit, landlords must serve a proper 3-day notice to pay rent or quit. Any defect in the notice can result in dismissal of the eviction case.

🏠 For Landlords

Must serve proper 3-day notice before eviction
Notice must contain only rent - no late fees
Strict service requirements under CCP 1162
One mistake can delay eviction by weeks
Cannot use self-help eviction methods

👤 For Tenants

Verify the rent amount is accurate
Check for improper charges in notice
Know your defense rights under CCP 1174.2
Explore rental assistance programs
Understand habitability defenses

When This Guide Applies

📅 Rent Past Due

Tenant has failed to pay rent when due under the lease agreement, typically after any grace period expires

💰 Partial Payment

Tenant made partial payment but balance remains - new notice required for remaining amount

💳 Bounced Check

Rent payment returned for insufficient funds - treat as nonpayment

⚠ Multiple Months

Tenant is multiple months behind on rent payments

⚠ Critical: Perfection Required

California courts strictly scrutinize 3-day notices. Defective notices are the #1 reason eviction cases get dismissed. Include only base rent - not late fees, utilities, damages, or other charges. Get the amount exactly right.

The 3-Day Notice Process

Step 1

Calculate Exact Rent Owed

Determine only the base rent amount due. Do not include late fees, interest, utilities, or other charges.

Step 2

Prepare Compliant Notice

Draft notice with all required elements under CCP 1161 and 1161.1, including payment location and methods.

Step 3

Properly Serve Notice

Serve using one of three valid methods under CCP 1162: personal, substitute, or post and mail service.

Step 4

Wait Full 3 Days

Count 3 full days excluding day of service, weekends, and court holidays. Tenant can cure by paying in full.

Step 5

File Unlawful Detainer

If tenant does not pay or vacate, file unlawful detainer lawsuit in Superior Court.

⚖ California Legal Framework

California's unlawful detainer statutes provide a summary procedure for landlords to recover possession, but require strict compliance with notice requirements.

Key California Statutes

📚

CCP 1161 - Unlawful Detainer for Nonpayment

Establishes that a tenant is guilty of unlawful detainer when rent is due and unpaid for 3 days after written notice demanding payment or possession. The notice must demand the exact amount of rent owed.

⚖

CCP 1161.1 - Notice Requirements

Specifies mandatory notice contents: amount of rent due, name/address/phone for payment, statement rent can be paid in person, and acceptable payment methods including personal check (unless previously bounced).

📖

CCP 1162 - Service of Notice

Authorizes three service methods: (1) personal delivery to tenant, (2) substitute service to competent adult plus mailing, (3) posting and mailing after reasonable attempts at personal service.

📖

CCP 1174.2 - Tenant's Right to Cure

Allows tenant to pay all rent owed plus specified costs even after unlawful detainer is filed, but only once within a 12-month period. Establishes defense if landlord refused proper tender.

📚

Civil Code 1942 - Repair and Deduct / Habitability

Tenant defense: if landlord fails to maintain habitable conditions, tenant may have defense to nonpayment of rent or right to repair and deduct from rent.

What Landlord Must Prove

Valid lease or tenancy - Written or oral rental agreement exists
Rent is due - Payment was due under the agreement
Rent is unpaid - Tenant failed to pay when due
Proper notice served - 3-day notice met all legal requirements
3 days expired - Full notice period elapsed without payment

Common Tenant Defenses

🛠 Notice Defects

Wrong rent amount stated
Late fees or other charges included
Missing required information
Improper service method
3 days not properly calculated

🏠 Substantive Defenses

Rent already paid (receipt/proof)
Breach of habitability (CC 1942)
Retaliatory eviction (CC 1942.5)
Discrimination defense
Rent control violations

💡 Key Case Law

Bevill v. Zoura (1994) - Notice demanding more than rent owed is defective. Liebovich v. Shahrokhkhany (1997) - Late fees cannot be included in 3-day notice. WDT-Winchester v. Nilsson (1994) - Substantial compliance is insufficient; strict compliance required.

🔍 Evidence Checklist

Proper documentation is essential whether you are a landlord preparing to serve notice or a tenant defending against eviction.

🏠 Landlord Evidence

Lease agreement showing rent amount
Rent ledger/payment history
Copy of 3-day notice served
Proof of service declaration
Photos of posting (if applicable)
Mailing receipts

👤 Tenant Evidence

Payment receipts/bank records
Communications with landlord
Photos of habitability issues
Repair requests sent to landlord
Copy of notice received
Witness statements

Landlord Evidence Checklist

📄 Lease Documentation

✓Current lease agreement
✓Monthly rent amount per lease
✓Rent due date specified
✓Names of all adult tenants

💰 Payment Records

✓Complete rent ledger
✓Last payment date and amount
✓Bounced check documentation
✓Current balance owed

📩 Notice Documentation

✓Copy of 3-day notice
✓Proof of service declaration
✓Photos of posting location
✓Mailing receipt/tracking

📍 Property Information

✓Complete property address
✓Unit/apartment number
✓AB 1482 coverage status
✓Local rent control status

Proper Service Methods (CCP 1162)

Method	Requirements	Best For
Personal Service	Hand notice directly to tenant	Most reliable, hardest to challenge
Substitute Service	Give to competent adult at premises AND mail copy	When tenant unavailable but someone home
Post and Mail	Post conspicuously AND mail after reasonable attempts	Last resort when no one available

💡 Counting the 3 Days

Day 1 is the day AFTER service. Exclude Saturdays, Sundays, and judicial holidays. If Day 3 falls on a weekend/holiday, extend to next court day. Example: Personal service on Monday = Day 1 Tuesday, Day 2 Wednesday, Day 3 Thursday.

💰 Calculating Damages

Understanding what can and cannot be recovered is essential for both landlords pursuing claims and tenants evaluating their exposure.

What Landlord Can Recover in Unlawful Detainer

Recovery Type	Amount	Notes
Past Due Rent	Full amount owed	Base rent only through judgment
Holdover Damages	Daily rental value	From notice expiration through judgment
Court Costs	Filing fees + service	Recoverable as costs
Attorney Fees	If lease provides	Only if lease has attorney fee clause

What Cannot Be Included in 3-Day Notice

✗ Late Fees

Never include late charges - pursue separately after eviction

✗ Utilities

Even if lease requires tenant payment, not rent

✗ NSF Fees

Bounced check fees cannot be in notice

✗ Damages/Cleaning

Property damage claims are separate

🏠 Landlord Damages Strategy

Include ONLY base rent in 3-day notice
Pursue late fees in small claims after eviction
Security deposit can offset unpaid rent
Get money judgment in UD for rent owed
Consider wage garnishment for judgment

👤 Tenant Exposure

Pay rent in full within 3 days to stop eviction
CCP 1174.2 allows cure even after filing (once/year)
Money judgment affects credit for 10 years
Eviction record makes future renting difficult
Consider negotiating move-out agreement

💰 Tenant's Right to Cure (CCP 1174.2)

Even after an unlawful detainer is filed, a tenant may cure the default by paying all rent owed plus costs incurred (including attorney fees if awarded). This right can only be exercised once in any 12-month period. The landlord must accept the payment and dismiss the case.

Rental Assistance Resources for Tenants

CA COVID-19 Rent Relief: housing.ca.gov (if still available)
Local Housing Authority: Emergency rental assistance programs
211: Dial 211 for local resources
Legal Aid: Free legal help for qualifying tenants

📝 Sample Language

Use these templates for landlord 3-day notices and tenant response letters. Customize the highlighted sections.

For Landlords: 3-Day Notice to Pay Rent or Quit

3-Day Notice (CCP 1161 Compliant)

THREE-DAY NOTICE TO PAY RENT OR QUIT TO: [TENANT NAME(S)] and all other occupants in possession PROPERTY ADDRESS: [FULL ADDRESS INCLUDING UNIT, CITY, STATE, ZIP] PLEASE TAKE NOTICE that pursuant to California Code of Civil Procedure Section 1161, you are hereby required to pay the following rent which is now due and owing: RENT DUE: $[EXACT AMOUNT - BASE RENT ONLY] PERIOD COVERED: [MONTH(S) AND YEAR - e.g., "January 2025"] Within THREE (3) DAYS after service of this notice, you must either pay the above amount in full OR vacate and surrender possession of the premises. PAYMENT MAY BE MADE: By delivering payment to: Name: [LANDLORD/AGENT NAME] Address: [FULL PAYMENT ADDRESS] Telephone: [PHONE NUMBER] Payment may be made in person at the above address during the following hours: [BUSINESS HOURS, e.g., "9:00 AM to 5:00 PM, Monday through Friday"] FORMS OF PAYMENT ACCEPTED: Cash, personal check, cashier's check, or money order. If you fail to pay the rent in full or vacate the premises within three (3) days, legal proceedings will be instituted against you to recover possession of the premises, to declare the forfeiture of the rental agreement, and to recover rents, damages, and costs of suit. Date: [DATE] _______________________________ [LANDLORD/AGENT NAME] [ADDRESS] [PHONE]

For Tenants: Response to Defective Notice

Tenant Response - Notice Defects

[DATE] [LANDLORD NAME] [LANDLORD ADDRESS] RE: Response to 3-Day Notice - [PROPERTY ADDRESS] Dear [LANDLORD NAME]: I am writing in response to the 3-Day Notice to Pay Rent or Quit dated [DATE ON NOTICE]. I dispute this notice for the following reasons: [SELECT APPLICABLE REASONS:] 1. INCORRECT AMOUNT: The notice demands $[AMOUNT ON NOTICE], but the correct rent owed is $[CORRECT AMOUNT]. The notice improperly includes [late fees / utilities / other improper charges] which cannot be included in a 3-day notice under California law. 2. RENT ALREADY PAID: I paid rent of $[AMOUNT] on [DATE] via [payment method]. I have attached proof of payment. 3. IMPROPER SERVICE: The notice was not properly served in accordance with CCP 1162. 4. HABITABILITY DEFENSE: Under Civil Code 1942, I am entitled to offset rent due to your failure to maintain habitable conditions. Specifically: [describe habitability issues]. I previously notified you of these conditions on [date]. Please correct this defective notice or withdraw it. If you proceed with an unlawful detainer based on this defective notice, I will assert all available defenses. Sincerely, [TENANT NAME] [ADDRESS] [PHONE]

For Tenants: Request for Payment Plan

Payment Plan Request

[DATE] [LANDLORD NAME] [LANDLORD ADDRESS] RE: Payment Plan Request - [PROPERTY ADDRESS] Dear [LANDLORD NAME]: I acknowledge that I owe $[AMOUNT] in past due rent for [MONTH(S)]. I am experiencing temporary financial hardship due to [brief explanation - job loss, medical emergency, etc.]. I am committed to paying the full amount owed and request a payment plan as follows: - Immediate payment: $[AMOUNT] by [DATE] - Remaining balance: $[AMOUNT] paid in [NUMBER] installments of $[AMOUNT] each, due on [DATES] - All future rent paid on time going forward I am also [applying for rental assistance through [PROGRAM] / actively seeking employment / etc.]. I have been a reliable tenant for [DURATION] and ask for your consideration. A payment plan would allow me to pay what I owe while avoiding the costs and delays of eviction proceedings for both of us. Please contact me at [PHONE/EMAIL] to discuss. Sincerely, [TENANT NAME]

⚠ Important Notice

These templates are for informational purposes. California law changes frequently and local ordinances may impose additional requirements. For complex situations or contested evictions, consult with a California attorney.

🚀 Next Steps

Action plans for both landlords pursuing rent collection and tenants responding to demands.

🏠 Landlord Next Steps

Verify rent calculation - Only base rent, no fees
Prepare compliant notice - All required elements
Serve properly - Document service method
Wait full 3 days - Count correctly
File UD if no payment - Within 60 days of notice
Attend court hearings - Bring all documentation

👤 Tenant Next Steps

Verify the amount - Check for improper charges
Check notice validity - All requirements met?
Pay if possible - Stops eviction immediately
Apply for assistance - Rental aid programs
Negotiate if needed - Payment plan request
Get legal help - Free legal aid available

Timeline After 3-Day Notice Expires

Days 1-5

Landlord files unlawful detainer complaint with Superior Court

Days 5-10

Tenant served with summons and complaint, has 5 days to respond

Days 10-20

Court sets trial date (UD cases get priority scheduling)

Days 20-45

Trial held, judgment entered, writ of possession issued

💡 Settlement Often Best for Both Parties

Many unlawful detainer cases settle with a "stipulated judgment" or move-out agreement. Landlords avoid trial delays and uncertain outcomes. Tenants may get more time to move or avoid eviction on their record. Consider negotiation before litigation.

California Resources

CA Courts Self-Help: selfhelp.courts.ca.gov - Unlawful detainer forms and guides
CA Department of Consumer Affairs: dca.ca.gov - Tenant rights information
Legal Aid: lawhelpca.org - Free legal help locator
CA Apartment Association: caanet.org - Landlord resources
Housing Is Key: housing.ca.gov - Rental assistance

💼 Attorney Services

I assist both California landlords seeking to collect rent and tenants defending against improper demands. Here is how I can help.

For Landlords

Service	Fee
3-Day Notice Preparation - Legally compliant notice + proof of service forms	$450 flat fee
Unlawful Detainer Filing - Complete complaint, filing, and service	$240/hr
Full Eviction Representation - Notice through judgment	$240/hr
Consultation - Review your situation and advise on strategy	$240/hr

For Tenants

Service	Fee
Notice Review - Analyze 3-day notice for defects and defenses	$240/hr
Response Letter - Draft response challenging defective notice	$450 flat fee
UD Defense - Represent you in unlawful detainer proceedings	$240/hr
Negotiation - Negotiate payment plan or move-out agreement	$240/hr

💡 Why Hire an Attorney?

Landlords: A defective notice means starting over, costing weeks of delay and additional months of lost rent. I prepare notices that withstand scrutiny. Tenants: Many notices have defects that can defeat or delay eviction. I identify defenses you may not know you have.

Schedule a Consultation

Whether you are a landlord needing to collect rent or a tenant facing eviction, I can help you understand your rights and options.

Contact

Email: owner@terms.law

Consultations: $240/hr | Demand Letters: $450 flat fee