Attorney authority
By Steven D. Silverstein, California eviction attorney since 1979.
Free 2026 residential form
Printable PDF with rent ledger, payment fields, deadline fields, and declaration of service. A worked example appears below.
General information only. The form is not for commercial tenancies, foreclosure occupants, lease violations, nuisance, or no-fault terminations. Check local rules and the Section 8, HAP, VAWA, and CARES Act requirements before service.
The 2025 published decision in Eshagian v. Cepeda makes clarity about timing, payment, and consequences especially important.
What is a 3-Day Notice to Pay Rent or Quit?
A 3-day notice to pay rent or quitis a legal document California landlords must serve to tenants who have failed to pay rent on time. It formally demands that the tenant either pay the full amount of rent owed or vacate ("quit") the rental property within three court days.
Under California Code of Civil Procedure Section 1161, serving this notice is a mandatory prerequisite before filing an unlawful detainer (eviction) lawsuit. A defective notice can create a defense, lead to dismissal, or require the landlord to restart.
What Eshagian v. Cepeda Requires Landlords to Clarify
In June 2025, the California Court of Appeal published Eshagian v. Cepeda (B340941). The court vacated an eviction judgment because the landlord's notice did not clearly communicate the compliance period, where and how the tenant could pay, or that noncompliance would lead to loss of possession.
The notice listed a date near the signature without explaining whether it was the preparation or service date, did not identify the start or end of the compliance period, did not explain that weekends and judicial holidays were excluded, and directed delivery to the tenant's own unit without making clear when or how the landlord would receive payment there.
The result? The landlord lost the case. The judgment was vacated. The tenant stayed.
Safer drafting practice after Eshagian
In addition to the statutory requirements in CCP § 1161(2), remove ambiguity by stating:
- The service date, when the compliance period begins, and the exact deadline
- That weekends and court holidays don't count toward the three days
- The payee's name, phone number, address, and actual days and hours available for payment
- A clear warning to pay the demanded rent or surrender possession by the deadline
An "ordinary tenant" must be able to read your notice and know exactly what to do, by when, and what happens if they don't. If there's any ambiguity, a judge can throw it out.
Compare every form against the current text of CCP § 1161 and the California Courts guidance on choosing and drafting an eviction notice. An older generic template can omit case-critical information.
Common Mistakes That Void Your 3-Day Notice
After thousands of eviction cases across Orange County, Los Angeles, Riverside, and San Bernardino, these are the mistakes I see landlords make over and over. Each can create a defense, force a restart, or lead to dismissal.
1. Wrong Rent Amount
The amount on your notice must be the exact rent owed. Not a penny more. If the lease says $2,100/month and the tenant owes two months, the notice says $4,200. Period.
A residential nonpayment notice should not add late fees, utilities, deposits, damages, attorney fees, or other non-rent charges to the rent demand. Do not assume a lease label turns every charge into rent for CCP § 1161(2). Get case-specific advice before demanding anything beyond the tenant's unpaid rent.
2. Improper Service
California Code of Civil Procedure Section 1162 spells out exactly three ways to serve a 3-day notice. There are no shortcuts. I've seen landlords tape the notice to the door, slip it under the door, text it, email it, or hand it to a child. None of that counts.
Personal delivery is the cleanest method. If the tenant is absent, CCP § 1162 allows substituted service when its conditions are met. Posting and mailing has its own prerequisites. Document the facts supporting the method actually used.
3. Notice Period Calculation Errors
The three-day count does not include the day of service. If you serve the notice on Monday, Day 1 is Tuesday. The three days also exclude weekends and court holidays (CCP 1161).
After Eshagian, the safer practice is to state the start and expiration dates so the compliance period cannot be misunderstood. If you serve on a Monday with no intervening judicial holiday, the notice expires Thursday. Friday is the earliest filing day. File too early and the case can be dismissed.
4. Including Amounts Other Than Rent
This deserves its own section because it trips up landlords constantly. A 3-day notice to pay rent or quit can onlydemand unpaid rent. That's it.
No attorney fees. No cleaning costs. No HOA fines you passed through. No "holdover" charges. No security deposit deductions. You can pursue those amounts in court, but they cannot appear on the 3-day notice. If they do, the entire notice is defective and your eviction case is dead on arrival.
5. Missing or Incorrect Tenant Names
The notice must name every tenant on the lease. If the lease says "John Smith and Jane Smith," both names go on the notice. Serving only one tenant when both are on the lease creates grounds for dismissal. If there are occupants not on the lease, add "and all other occupants" to cover unnamed residents.
Not sure if your notice is airtight?
A 10-minute phone call now can save you months of delay. I'll review your notice and tell you if it will hold up in court.
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 court days to pay or leave
- Weekends and court holidays excluded
- State the exact deadline to avoid Eshagian ambiguity
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)
Don't Confuse the Notices
Using the wrong notice type is a common mistake that can delay your eviction by weeks. A 3-day pay-rent-or-quitnotice is for non-payment of rent. Lease violations, nuisance, and tenancy termination use different notices. If you're not sure which notice applies, get case-specific advice before service.
What Your 3-Day Notice Must Include (2026 Requirements)
California law is strict about what a 3-day notice must contain. After Eshagian, the bar is even higher. Missing or incorrect information will invalidate your notice and force you to start over.
Do NOT Include:
Worked Example: California 3-Day Notice to Pay Rent or Quit
This hypothetical example shows how the key fields fit together. It is not a notice for any real tenant or property. The deadline assumes no judicial holiday falls in the three-day period.
Field-by-field example matching the free PDF
- Date prepared and served
- Prepared and personally served Tuesday, July 14, 2026
- Compliance period
- Begins Wednesday, July 15
Expires Friday, July 17 at 5:00 p.m. - Tenant and premises
- Alex Rivera and all other occupants
123 Sample Street, Apt. 4
Santa Ana, CA 92701 - Past-due rent ledger
- July 1 through July 31, 2026: $2,400
Total demanded: $2,400
No non-rent charges - Payment instructions
- Pay Jordan Lee at 456 Sample Avenue, Santa Ana, CA 92701
714-555-0100
Monday through Friday, 9:00 a.m. to 5:00 p.m. - Accepted payment method
- Cashier's check or money order payable to Jordan Lee
- Forfeiture election
- Left unchecked in this example. Whether to elect forfeiture is case-specific.
- Landlord or authorized agent
- Jordan Lee
456 Sample Avenue, Santa Ana, CA 92701
714-555-0100 - Signature and date
- Jordan Lee, July 14, 2026. A real notice must be signed by the landlord or authorized agent.
- Declaration of service
- Personal service selected. Hypothetical server: Sam Carter, executed July 14, 2026 in Santa Ana, California.
- Pre-service checklist
- Tenant names, tenant-paid rent, dates, payment instructions, service method, and property-specific state, local, CARES Act, Section 8/HAP, and VAWA rules all reviewed before service.
Sample demand language
“Within three days after service of this notice, excluding Saturdays, Sundays, and judicial holidays, you are required to pay $2,400 in past-due rent for July 1 through July 31, 2026, using the instructions above, or quit and deliver possession. If you do neither by Friday, July 17, 2026 at 5:00 p.m., the landlord may file an unlawful detainer action to recover possession and other relief allowed by law.”
Use the blank form as a checklist, not a substitute for legal review.
The PDF includes a rent ledger, payment fields, Eshagian clarity fields, and a separate declaration of service.
How to Properly Serve a 3-Day Notice (CCP 1162)
Proper service is just as important as the notice itself. California Code of Civil Procedure Section 1162 recognizes three methods of service, and you must use them in order:
1. Personal Service (Best Option)
Hand-deliver the notice directly to the tenant. This is the strongest form of service and the hardest for tenants to dispute in court. At the Orange County Superior Court in Santa Ana, I've watched judges grill landlords about why they didn't attempt personal service first. Always try this method.
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. Both steps are required under CCP 1162.
3. Post and Mail (Last Resort)
When CCP § 1162 permits posting after reasonable diligence: post the notice in a conspicuous place on the property and mail a copy. Document each service attempt, the date, time, and what happened.
Filing After Your 3-Day Notice: Orange County and Southern California
Once the 3-day period expires and the tenant hasn't paid or vacated, you file an unlawful detainerlawsuit. Here's what to expect by county:
| County | Courthouse | Filing Fee |
|---|---|---|
| Orange County | Central Justice Center, 700 Civic Center Dr W, Santa Ana | $240-$435 |
| Los Angeles County | Stanley Mosk Courthouse (or local district court) | $240-$435 |
| Riverside County | Riverside Historic Courthouse, 4050 Main St (or local branch) | $240-$435 |
| San Bernardino County | San Bernardino Justice Center, 247 W Third St | $240-$435 |
Court intake, service, default processing, trial scheduling, and sheriff timing vary by county. See the full California eviction timeline for current statutory clocks and planning ranges.
Filing fees depend on the amount claimed: $240 (under $10,000), $385 ($10,000-$25,000), or $435 (over $25,000). See our Orange County eviction cost guide for a full breakdown.
3-Day Notice to Pay Rent or Quit: Timeline
Day 0
Notice Served
Tenant receives the 3-day notice. The day of service does not count as Day 1.
Days 1-3
Waiting Period
Tenant has 3 full court days to pay or vacate. Weekends and judicial holidays do not count. Example: serve on Wednesday, Days 1-3 are Thursday, Friday, Monday. Get advice if the tenant offers a partial payment.
Day 4+
File Unlawful Detainer
If tenant hasn't paid or vacated, file an unlawful detainer at the courthouse. Do not file on Day 3. Wait until the notice has fully expired. Filing early can lead to dismissal or a restart.
What Happens After the 3-Day Period Expires?
If your tenant doesn't pay the full rent or vacate by the end of the notice period, you file an unlawful detainer lawsuit. The notice becomes a central exhibit, and a defect can create a defense or require a restart.
A partial payment can change the notice analysis. Accepting part of the demanded rent may affect the remaining balance and whether the existing notice can still support the case. Rejecting a payment can create different issues. Get advice before accepting or refusing a partial payment and document exactly what was offered and what happened.
The court phase of an uncontested case often takes several weeks, and the full process from notice through lockout is commonly about 5 to 8 weeks. If the tenant contests it, the case can take 3 to 6 months or longer. Under AB 2347 (effective 2025), tenants generally have 10 court days to respond to a summons. See the California eviction timeline for the current stages and sources.
Here's the math most landlords don't think about: a defective 3-day notice costs you the filing fee ($240-$435), your attorney fees for the first attempt, and at minimum another month of lost rent while you re-serve and re-file. On a $2,500/month rental, one bad notice costs you $3,000+ before you're back where you started.
This is the point where most landlords hire an attorney.
You've got a nonpaying tenant, a ticking clock, and a notice that needs to be perfect. I've filed thousands of these. Let me handle it.
Common questions
Frequently Asked Questions: 3-Day Notice to Pay Rent or Quit
01What 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.
02How many days does a tenant have to pay rent or quit in California?
For a standard California residential nonpayment notice, count three court days beginning the day after service. Exclude Saturdays, Sundays, and judicial holidays. A longer federal, subsidized-housing, lease, or local rule may apply.
03What happens if a tenant doesn't respond to a pay or quit notice?
If a tenant does not pay the demanded rent or vacate by the valid deadline, the landlord may file an unlawful detainer lawsuit. A straightforward uncontested California eviction often takes about 5 to 8 weeks from the initial notice through sheriff lockout, while a contested case can take 3 to 6 months or longer.
04Can a landlord accept partial rent after serving a pay or quit notice?
Accepting partial rent after service can affect the amount demanded and the landlord's ability to rely on the existing notice. Depending on the facts, a new notice for the remaining balance may be required. Get case-specific advice before accepting or rejecting a payment.
05How 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 under CCP 1162 is required for the notice to be legally valid.
06What must be included in a California pay or quit notice after the Eshagian ruling?
California Code of Civil Procedure section 1161(2) requires the rent amount and legally sufficient payment instructions. Eshagian v. Cepeda held the notice there was too ambiguous about the compliance period, where and how payment could be made, and the consequence of noncompliance. Safer current practice is to state the service date, clear start and deadline dates, excluded weekends and judicial holidays, complete payment instructions, and a clear pay-or-surrender warning.
Get Your 3-Day Notice Right the First Time
I've handled thousands of evictions since 1979. The landlords who call me before serving their notice save weeks of delay and thousands of dollars in lost rent. The ones who call me after their case gets dismissed wish they had.