California Eviction Notice
The California 3-day notice to pay rent or quit under CCP 1161(2): three court days, rent only, the payee's name, phone, address and hours the statute requires, and a proof of service. Free PDF, no signup.
- CCP 1161(2) content
- Weekends and court holidays excluded
- Proof of service per CCP 1162
- Free, no subscription
How to fill out a California 3-day notice to pay rent or quit
- Name everyone in possession. Every adult tenant on the lease, the full address with the unit, and the county.
- Enter the rent only. The unpaid rent and the period it is for - no late fees, utilities, interest or other charges. Rent that became due more than a year ago cannot go in this notice (Cal. Code Civ. Proc. § 1161(2)).
- Say who takes the payment and how. The name, phone number and address of the person to pay, and the usual days and hours they take payment in person - the statute requires these in the notice. Listing the forms of payment you accept saves a phone call.
Download the PDF, sign it, serve it, and fill in the proof of service at the bottom the same day.
How are the 3 days counted in California?
Three days excluding Saturdays, Sundays and other judicial holidays, starting the day after the notice is served (CCP § 1161(2)). A notice served on a Tuesday runs through Friday; one served on a Thursday runs through the next Tuesday, or Wednesday if Monday is a court holiday. California courts close on some days that are not federal holidays, so check the court calendar before you fill in the last day. You cannot file an eviction until the day after the last day.
Can I include late fees in the notice?
No. A 3-day notice may demand only the rent that is actually due. A notice that overstates the amount - for example by adding late fees, utilities or a percentage charge - can be thrown out, and you start over. Ask for late fees separately, in a letter or later in court. You also cannot charge the tenant a fee for serving this notice (CCP § 1161(6)).
How do I serve the notice?
California allows three ways, in this order (CCP § 1162):
- Personal delivery - hand it to the tenant.
- Substituted service - if the tenant is not at home or work, leave it with a person of suitable age and discretion there, and also mail a copy to the tenant's home.
- Post and mail - if no such person can be found, post it in a conspicuous place on the property, give a copy to someone living there if possible, and mail a copy to the tenant at the property.
Fill in the proof of service on the notice: you will need it when you file.
Does the Tenant Protection Act or a local rent law change this?
Unpaid rent is an "at-fault" just cause under the statewide Tenant Protection Act, so no relocation payment is due (Civ. Code § 1946.2(b)(1)). Cities with their own rent or eviction rules - Los Angeles, San Francisco, Oakland, Berkeley and others - may require extra wording, a copy filed with the city, or a notice in another language. Check your city's rent board before serving. If you bought the building, you can serve a notice for rent that came due while you were not giving tenants the owner and payee details required by Civ. Code § 1962 only after you comply.
What if the property has a federally backed mortgage?
For a "covered dwelling" under the federal CARES Act - a property with a federally backed mortgage or in a federal housing program - the tenant cannot be required to leave before 30 days after a notice to vacate (15 U.S.C. § 9058(c)). Choose "Yes" in the form and the notice adds that statement. Fannie Mae, Freddie Mac, FHA, VA and USDA loans all count.
Is it really free?
Yes. No account, no trial and no card: fill in the form and download the PDF. There is no subscription to cancel later. The free PDF carries a small "Made with DittoFox" mark at the bottom of the page.