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CCP §1161(3) · Curable violations

The 3-Day Cure or Quit Notice. For violations the tenant can actually fix.

Unauthorized pet. Unauthorized occupant. Lease-clause breach. The "Perform Covenants or Quit" notice gives the tenant 3 business days to cure or vacate. Get the description specific or the notice fails.

TL;DR

Use a 3-day cure or quit for curable lease violations: unauthorized pet, unauthorized occupant, subletting, parking, minor nuisance. The notice must specifically describe the violation, cite the lease clause, and state what cure looks like. Tenant has 3 business days to cure or vacate.

What this notice covers

3-day cure or quit (formally "Notice to Perform Covenants or Quit") applies to lease violations that can be remedied. Examples:

What it doesn't cover

For incurable violations — criminal activity on the premises, severe nuisance, material property damage, illegal use, sub-subletting — use a 3-Day Unconditional Quit instead. The line is whether the conduct can be reversed; if cure is impossible, the notice has to be unconditional.

Required elements

  1. Tenant name(s) and property address
  2. Specific description of the violation — not "lease violation" but "keeping a 40-pound dog in violation of Paragraph 12 of the lease dated [date]"
  3. Citation to the specific lease provision being violated
  4. What cure looks like — explicitly state what the tenant must do
  5. The 3-business-day deadline (weekends and judicial holidays excluded)
  6. Statement of consequences if not cured
  7. Date and signature
Vague descriptions kill notices
"Tenant has violated the lease" is too vague. "Tenant keeps an unauthorized pet in violation of the lease" is still too vague. "Tenant has kept a large dog at the unit since approximately April 1, 2026, in violation of Paragraph 12 of the lease which prohibits pets without written landlord consent" — that level of specificity is what survives the UD.

Sample format (illustrative)

Sample — adapt to your factsNOTICE TO PERFORM COVENANTS OR QUIT (3-DAY CURE OR QUIT) TO: [Tenant Name(s)] PROPERTY: [Street Address, Unit, City, CA] You are notified that you are in violation of the lease agreement dated [Lease Date] for the above premises. THE VIOLATION: [Specific factual description, e.g.: Since approximately April 1, 2026, you have kept a large dog at the premises. This violates Paragraph 12 of the lease, which prohibits pets without prior written landlord consent.] WHAT YOU MUST DO TO CURE: [Specific cure, e.g.: Remove the dog from the premises and provide written confirmation of removal.] You have THREE (3) BUSINESS DAYS (excluding weekends and judicial holidays) from the date this notice is served on you either to: (a) Perform the covenants set forth above (cure the violation); OR (b) Deliver up possession of the premises. If you do neither, the landlord will pursue an Unlawful Detainer action to recover possession, costs of suit, and attorney's fees where authorized. Dated: [Date] [Signature of Landlord or Authorized Agent] [Print Name and Title]

If the tenant cures

The notice is satisfied. No UD. If the same violation repeats, a new notice is needed. If a pattern develops over time, the conduct may eventually rise to an incurable violation, but each cured instance defeats that individual notice.

Common questions — 3-day cure or quit

When do I use this notice?

Curable lease violations: unauthorized pet, unauthorized occupant, subletting, parking, minor nuisance.

What must it include?

Specific description of the violation, cited lease provision, explicit cure, 3-day deadline, consequences, date, signature.

Curable vs incurable?

If the conduct can be reversed (remove pet, eject occupant), it is curable. If not (criminal activity, severe damage), use a 3-day unconditional quit.

What evidence do I need?

Contemporaneous: photos, third-party complaints, written communications. Build the file before serving.

What if tenant cures in time?

The notice is satisfied. No UD on this violation. New notice required if it recurs.

Don't serve a vague cure-or-quit

Free review of your draft notice before service. Specificity is the difference between a valid notice and a dismissed UD.

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