[CA] When and how should a landlord serve a 3-day notice to pay or quit to multiple month-to-month tenants?

CA Landlord-Tenant

Dan

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In California, serve a 3-day notice to pay or quit as soon as rent is late, which is the day after the due date unless your lease specifies a grace period. With rent due January 1 and today January 13, the tenants have been late for 12 days, so you can serve the notice immediately.

California law has no mandatory grace period for rent payments, making rent late starting January 2. Your lease's late fee after January 5 and courtesy extension to January 9 do not legally delay the right to serve the notice, as prior text communications granting time do not waive this right if documented properly. Serve now to start the formal eviction process if needed, counting 3 days excluding weekends and court holidays (CA Civ Pro Code § 1161.2(4)).

The notice must name all tenants, state the exact rent amount due (no late fees or extras), provide payment instructions (including physical address options), and specify the 3-day period excluding weekends and holidays. Use proper service: personal delivery, mail, or posting/substituted service with mailing (CA Civ Pro Code § 1162). Forms are available from sources like eForms or courts; ensure compliance with recent updates like explicit holiday exclusions.

If tenants pay within 3 days, accept rent and halt proceedings; otherwise, file an unlawful detainer lawsuit. Document all prior texts to show responsiveness history and your courtesy, strengthening your case. For multiple tenants, serve all three named on the lease.

California 3-Day Notice to Quit Form | Non-Payment of Rent

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How soon after a tenant is late in rent should I send out a 3 day notice to pay or quit?

Lexi, Chatbot

I understand that dealing with late rent can be stressful for landlords. How many days late is the tenant currently?

Rent was due January 1 and today is January 13.

Lexi, Chatbot

Have you previously communicated with the tenant about their late payment?

Yes via text.

Dan

Hello, and welcome. My name is Daniel, and I’ve been a licensed attorney for over 22 years. I’m sorry you’re dealing with this situation, and I’ll do everything I can to help. What jurisdiction is the tenancy in?

California.

Dan

Got it. Thanks! Is there anything else you'd like me to consider before I complete your answer?

I want to make sure I am taking the proper steps to communicate with them and evict if necessary. This month began where the tenant was late and they were responsive. They claimed a check was stolen from their mailbox which led to them being unable to pay their rent on time. I apply a late fee after January 5, and on January 6 the tenant asked for a few days to resolve their check issue so then they can pay. I allowed them until January 9 as a courtesy but have yet to receive the rent payment.

There are 3 tenants currently on the lease and all 3 have been responsive until now. Up until yesterday, they claimed they were still having the issue with the check but they assured me it would be resolved today. Since yesterday until now, I have not heard from any of the tenants on the lease.

Also the lease began November 1, 2024 and it was not renewed for another year. It remains a month-to-month tenancy.

Should I send them the 3 day notice now and is certified mail with signature required good enough or do I need to hire someone to personally deliver it?

I can also follow up with a text message with the notice once the certified mail has been delivered to ensure all 3 tenants are aware if this is allowed.

Dan

The use of proper delivery service — do I just need to use one of the services mentioned above? Is that enough? I plan to send a certified mail with signature required to confirm receipt. Is this good enough? Would you recommend I also follow up by texting all 3 tenants a copy of the 3 day notice as well once tracking shows delivered? I ask this because they claim they have issues with their mail being stolen. This will ensure an additional form of communicating the 3 day notice. I plan to send right now after we’re done so they would receive it tomorrow.

Dan

Yes, using one proper service method is enough.

Dan

Certified mail with signature required is good enough.

Dan

There is no reason not to follow up by texting all 3 tenants a copy of the notice as well once it is delivered.

You mentioned not to include the late fees or anything else, just the rent. At what point do they need to pay the late fees? Assuming they pay the rent once they receive the notice but not the late fees.

Assuming the notice is delivered to them tomorrow by certified mail and signature is captured of their physical receipt, would tomorrow, Wednesday January 14 count as day 1?

Dan

You can include the late fees in the notice and also add them when you proceed in court.

Having local representation would be helpful in this situation. Your State Bar Association or the American Bar Association often offer referral services or legal aid programs that can provide free or affordable assistance. For private attorneys, websites like Avvo.com and Justia.com make it easier to search for lawyers near you, sorted by their specialties.

If the notice is delivered to them tomorrow, does tomorrow count as day 1?

Dan

In California, the day the notice is served does not count as Day 1. So if the notice is delivered tomorrow, January 14, then Day 1 would be January 15. Remember to exclude weekends and court holidays when counting the three days.

I just want to make sure everything is clear and that you’re comfortable with the information I’ve provided. Is there anything you’d like me to clarify or any other questions you’d like to ask? If everything makes sense, you can simply reply “all clear.” Thank you, and please don’t hesitate to let me know if you need anything else.

All clear thank you.

Dan

Thank you very much for sharing your questions with me. I appreciate the opportunity to assist you and am glad you reached out.

As long as all three tenants are listed on the notice, I only have to send 1 notice or do I have to send a notice to each tenant?

Dan

One to each.

One to each, so three notices to the same property? But still name all three on every notice?

Dan

Yes, you should send a separate notice to each tenant listed on the lease. This ensures that all tenants are individually informed and legally notified of the situation.

Perfect thank you for clarifying.

Dan

Most welcome.

Dan

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