What is the notice period for a California 3-Day Notice to Pay or Quit?

The required notice period is 3 Business Days under California Code of Civil Procedure § 1161(2) & § 1162.

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California • 3 Business Days • California Code of Civil Procedure § 1161(2) & § 1162

California 3-Day Notice to Pay or Quit (2026)

Q: What must be included in a California 3-Day Notice to Pay or Quit?

Full legal name(s) of all tenants on the lease. Complete property address including unit number. Exact dollar amount of rent owed (no late fees, no utilities). The precise expiration date printed verbatim on the notice. Where and how rent payment can be made (address, hours, accepted methods). A statement that the tenancy will terminate if rent is not paid within the notice period.

A California 3-Day Notice to Pay or Quit is the mandatory first step before filing an unlawful detainer (eviction) lawsuit for unpaid rent. Under CCP § 1161(2), the landlord must demand only the exact rent owed — no late fees, utilities, or other charges — and give the tenant three business days (excluding weekends and court holidays) to pay or vacate the premises.

Statutory Authority

The legal foundation for this notice type

Citation

California Code of Civil Procedure § 1161(2) & § 1162

Notice Period3 Business Days

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When to Use This Notice

Use this notice when a tenant has failed to pay rent by the due date specified in the lease. This is the legally required prerequisite before you can file an unlawful detainer action in California Superior Court.

What Must Be Included

Every element below is required under California Code of Civil Procedure § 1161(2) & § 1162 — missing any one can void the notice

Full legal name(s) of all tenants on the lease

Complete property address including unit number

Exact dollar amount of rent owed (no late fees, no utilities)

The precise expiration date printed verbatim on the notice

Where and how rent payment can be made (address, hours, accepted methods)

A statement that the tenancy will terminate if rent is not paid within the notice period

Common Mistakes That Void This Notice

Courts routinely dismiss eviction cases when landlords make these errors

Including late fees, interest, or utility charges — this voids the entire notice under California law

Miscalculating the expiration date by counting weekends or court holidays (they must be excluded)

Failing to print the exact expiration date on the notice itself

Demanding more rent than is actually owed for the delinquent period

Not listing all tenants named on the lease agreement

Serving the notice before rent is actually past due

Related California Notice Types

Other notices you may need for your California rental property

California 3-Day Notice to Cure or Quit

3 Business Days

California 3-Day Unconditional Quit Notice

3 Business Days

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