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Nonpayment · CCP §1161(2)

Tenant stopped paying rent. The procedural path that doesn't blow up.

Document, serve, wait, file. Four steps. The partial-payment trap and the self-help temptation are what convert a routine UD into a lawsuit against the landlord.

TL;DR

3-day pay or quit (exact past-due rent only, no late fees) → wait 3 business days → file UD. Don't accept partial payment without a signed non-waiver. Don't change locks or cut utilities (§789.3 triple damages). UD timeline: 5–9 weeks uncontested.

The clean procedural path

  1. Document. Email the tenant noting the missed rent. Creates a record.
  2. Serve the 3-day pay or quit. Past-due rent only. Personal service best. See the 3-day pay or quit page for required elements.
  3. Wait the 3 business days. Excluding weekends and judicial holidays.
  4. File the UD if no payment or vacate. Process server delivers summons.
  5. Default or trial. Tenant has 10 court days to answer under AB 2347.
What sinks the case
Accepting partial payment after service without a non-waiver. Changing locks. Cutting utilities. Removing belongings. Threatening immigration/credit consequences. Each is wrongful self-help with triple damages plus attorney's fees.

Common questions — nonpayment

First step?

Document, then serve a 3-day pay or quit when ready to escalate.

Time to UD?

3 business days after service.

Partial payment?

Generally waives the notice. Get a non-waiver or refuse.

UD timeline?

5–9 weeks uncontested. 3–6 months contested.

Refuse rent during UD?

Talk to UD attorney first. Accepting can waive the UD.

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