What must a California 3-day pay or quit notice include?

Under CCP §1161(2), required elements: tenant name(s), property address, exact amount of past-due rent (not late fees or other charges), the period for which rent is owed, name and address where payment can be made, hours during which payment is accepted, and a clear statement that the tenant must pay or quit within 3 business days (weekends and judicial holidays excluded). For AB 1482-covered units, include the just-cause for eviction (nonpayment is a valid just cause).

Can I include late fees in a 3-day pay or quit notice?

No. The notice can only demand unpaid rent. Late fees, NSF fees, utility charges, pet fees, and damages must be pursued separately. Including them in the demanded amount is the #1 reason 3-day notices are voided. Even $5 of overstatement can defeat the underlying UD case.

How do I serve a 3-day pay or quit notice in California?

Three methods, in order of preference: (1) personal service — hand delivery to the tenant; (2) substituted service — leave with a person of suitable age at the unit plus mail a copy (adds 5 days to the clock); (3) post-and-mail — post on the front door plus mail, only after reasonable personal and substituted attempts (adds 5 days). Personal service starts the clock immediately.

How are the 3 days counted?

The count starts the day AFTER service and excludes weekends and judicial holidays. A notice served Monday with personal service runs Tuesday, Wednesday, Thursday — earliest action date is end of day Thursday. Mailed service adds CCP §1013 mailing time. When in doubt, give an extra day; courts read this strictly and an extra day costs nothing.

What happens if I accept partial payment after serving the notice?

Generally waives the notice. The eviction case has to start over with a new 3-day notice for any remaining balance. The narrow exception: a signed written non-waiver agreement specifying that the partial payment does not waive the pending notice. Without that document, accept partial payments only with a non-waiver in hand or decline and proceed with the UD.

California 3-Day Pay or Quit Notice — Required Elements, Sample Format, and the Mistakes That Void It

TL;DR

A California 3-day pay or quit notice must contain exact past-due rent only (no late fees, NSF, utilities, or damages), the payment address and hours, and a clear demand to pay or quit within 3 business days (weekends and judicial holidays excluded). Serve personally or by substituted-service-plus-mail. The most common mistake is overstating the rent demanded — even by a dollar.

Required elements (CCP §1161(2))

Tenant name(s). All adult tenants on the lease.
Property address. Unit number if applicable.
Exact past-due rent. The dollar figure, to the penny. Cannot include late fees, NSF charges, utility passthroughs, pet fees, or damages — only base rent.
Rent period. Which months the past-due rent covers.
Payment address. Where the tenant can deliver payment to cure.
Payment hours. When the address accepts payment.
The 3-day demand. Clear statement: pay in full within 3 business days or vacate.
Just cause (AB 1482-covered units). State nonpayment of rent as the just cause.
Date and signature. Notice date and signature of landlord or authorized agent.

What you must NOT include

The mistakes that void the notice

Late fees — pursue separately
NSF / bounced check fees — pursue separately
Utility passthroughs (unless the lease defines them as additional rent)
Pet fees, cleaning fees, damage charges — separate proceedings
Overstated rent — even $5 over the true past-due amount
Future rent not yet due

The Levitz Furniture v. Wingtip Communications line of cases holds that overstating the demand voids the notice. Single-dollar overstatement defeats UDs routinely.

Service methods

Method	When clock starts	Additional time
Personal service	Day of delivery	None
Substituted service + mail	Day of delivery	+5 days for mailing
Post-and-mail	Day of posting	+5 days; only after personal/substituted attempts fail

Counting the 3 days

The count starts the day AFTER service. Weekends and judicial holidays are excluded. A notice personally served on a Monday runs Tuesday, Wednesday, Thursday — the earliest action date is end of day Thursday. A notice served on a Friday runs Monday, Tuesday, Wednesday. Mailed service adds CCP §1013 days. When the math is close, give an extra day — courts read this strictly and an extra day costs you nothing.

Sample format (illustrative)

Sample — adapt to your factsNOTICE TO PAY RENT OR QUIT TO: [Tenant Name(s)] PROPERTY: [Street Address, Unit, City, CA] You are notified that rent is due and unpaid on the above premises for the period [Start Date] through [End Date]. The total amount of past-due rent is: $[Exact Amount] You are required to pay the above amount IN FULL within THREE (3) BUSINESS DAYS (excluding weekends and judicial holidays) from the date this notice is served on you, OR to deliver up possession of the premises. Payment may be made to: [Name, Address] Hours payment is accepted: [Days, Hours] Payment methods accepted: [Methods] If you fail to pay in full or deliver possession, the landlord will pursue legal action including an Unlawful Detainer to recover possession, past-due rent, costs of suit, and attorney's fees where authorized. [For AB 1482-covered units, add:] The just cause for eviction is nonpayment of rent under Civil Code §1946.2(b)(1)(A). Dated: [Date] [Signature of Landlord or Authorized Agent] [Print Name and Title] [Phone Number]

This is an illustrative format — adapt to facts and have it reviewed by a California UD attorney before serving on a contested case.

Partial payments after service

Accepting any partial payment of the rent demanded generally waives the notice and the UD has to restart with a new 3-day for the remaining balance. The narrow exception: a signed written non-waiver agreement specifying that partial payment does not waive the pending notice or the right to proceed. Without that document in hand, refuse partial payments and proceed with the UD.

Common questions — 3-day pay or quit notice

What must the notice include?

Tenant name(s), property address, exact past-due rent, rent period, payment address and hours, the 3-day demand, just-cause statement for AB 1482-covered units, date, and signature.

Can I include late fees?

No. Past-due rent only. Late fees go in a separate proceeding.

How do I serve it?

Personal service (best), substituted service plus mail (adds 5 days), or post-and-mail after reasonable attempts (adds 5 days).

How do I count the 3 days?

Day after service, weekends and judicial holidays excluded. Mailed service adds CCP §1013 time.

What if the tenant pays part of the rent?

Generally waives the notice. Restart with a new notice or get a signed non-waiver agreement.

The California 3-Day Pay or Quit Notice — and the mistakes that get UDs thrown out.