Pay or Quit Notice California: The Complete Landlord Guide
A pay or quit notice is the mandatory first step before evicting a tenant for non-payment of rent in California. Get it wrong, and your entire eviction case could be dismissed. Here's everything you need to know.
What is a Pay or Quit Notice in California?
A pay or quit notice (also called a "notice to pay rent or quit") is a legal document California landlords must serve to tenants who have failed to pay rent on time. This notice formally demands that the tenant either pay the full amount of rent owed or vacate ("quit") the rental property within a specified time period.
Under California Civil Code Section 1161, serving this notice is a mandatory prerequisite before filing an unlawful detainer (eviction) lawsuit. Without a properly served pay or quit notice, the court will dismiss your eviction case.
Types of Pay or Quit Notices in California
3-Day Notice to Pay or Quit
The most common type for residential and commercial properties when rent is unpaid.
- • Used for non-payment of rent
- • Tenant has 3 days to pay or leave
- • Weekends and holidays excluded
30-Day or 60-Day Notice
Used for month-to-month tenancies when ending the lease (not for non-payment).
- • 30-day if tenant lived there under 1 year
- • 60-day if tenant lived there 1+ year
- • Subject to just cause requirements (AB 1482)
Important: Don't Confuse the Notices
Using the wrong notice type is a common mistake that can delay your eviction by weeks. A 3-day notice is only for non-payment of rent. For lease violations or ending a tenancy, different notices apply.
What Must Be Included in a California Pay or Quit Notice
California law is strict about what a pay or quit notice must contain. Missing or incorrect information can invalidate your notice and require you to start over.
Do NOT Include:
How to Properly Serve a Pay or Quit Notice in California
Proper service is just as important as the notice itself. California law recognizes three methods of service:
1. Personal Service (Preferred)
Hand-deliver the notice directly to the tenant. This is the strongest form of service and the hardest for tenants to dispute in court.
2. Substituted Service
If the tenant isn't home, leave the notice with a person of suitable age and discretion at the residence or the tenant's workplace, AND mail a copy to the tenant. The notice period begins on the day after mailing.
3. Post and Mail Service (Last Resort)
Only if personal and substituted service attempts fail: post the notice in a conspicuous place on the property AND mail a copy. You must document your reasonable attempts to serve personally first.
California Pay or Quit Notice Timeline
Day 0
Notice Served
Tenant receives the 3-day notice to pay rent or quit
Days 1-3
Waiting Period
Tenant has 3 full business days to pay or vacate (excludes weekends and court holidays)
Day 4+
File Unlawful Detainer
If tenant hasn't paid or vacated, you can now file an eviction lawsuit
What Happens After the Pay or Quit Period Expires?
If your tenant doesn't pay the full rent or vacate by the end of the notice period, you have the legal right to proceed with an unlawful detainer lawsuit.
Critical Warning: Do NOT accept partial payment after serving the notice. Accepting any amount of rent can void your notice and reset the entire process. If a tenant offers partial payment, consult with an eviction attorney before accepting.
The unlawful detainer process typically takes 3-6 weeks from filing to judgment, depending on whether the tenant contests the case.
Frequently Asked Questions About California Pay or Quit Notices
What is a pay or quit notice in California?
A pay or quit notice in California is a legal document that landlords must serve to tenants who have failed to pay rent. The most common type is the 3-day notice to pay rent or quit, which gives tenants three days to either pay the full amount of rent owed or vacate the property. This notice is required before a landlord can file an unlawful detainer (eviction) lawsuit.
How many days does a tenant have to pay rent or quit in California?
In California, tenants typically have 3 days to pay rent or quit after being served with a notice for non-payment of rent. The three days do not include weekends or court holidays. If the third day falls on a weekend or holiday, the tenant has until the next business day to pay or vacate.
What happens if a tenant doesn't respond to a pay or quit notice?
If a tenant fails to pay the rent or vacate the property within the notice period, the landlord can file an unlawful detainer lawsuit in court. The court process typically takes 3-6 weeks, after which a judgment may be entered allowing the sheriff to physically remove the tenant from the property.
Can a landlord accept partial rent after serving a pay or quit notice?
Accepting partial rent after serving a pay or quit notice can void the notice in California. If a landlord accepts any partial payment, they may need to serve a new notice for the remaining balance. It's critical to consult with an eviction attorney before accepting any payment after serving a notice.
How must a pay or quit notice be served in California?
In California, a pay or quit notice can be served by: (1) personal delivery to the tenant, (2) substituted service by leaving it with a person of suitable age at the residence or workplace and mailing a copy, or (3) posting and mailing if the tenant cannot be found. Proper service is essential for the notice to be legally valid.
What must be included in a California pay or quit notice?
A valid California pay or quit notice must include: the tenant's name, property address, exact amount of rent due (not including late fees or other charges), the rental period the rent covers, a statement that the tenant must pay within 3 days or vacate, and instructions on how and where to pay. Any errors in the notice can invalidate it.
Need Help With Your Pay or Quit Notice?
A single mistake on your pay or quit notice can delay your eviction by weeks or even months. With 45+ years of eviction experience in Southern California, we ensure your notice is prepared and served correctly the first time.
Email Us