California Eviction Notice for Nonpayment: The Three-Day Notice and How to Count It
In California a landlord can file an unlawful detainer for unpaid rent only after a written three-day notice, not counting weekends and judicial holidays. Here is what the notice must say, how to count and serve it and how a tenant can cure.
What is the California notice for unpaid rent?
A tenant is guilty of unlawful detainer when the tenant continues in possession without the landlord’s permission after default in the payment of rent and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring payment or possession (Code of Civil Procedure 1161(2)). The California eviction notice calculator counts the court days for you.
What must the notice contain?
The amount that is due; the name, telephone number and address of the person to whom the rent payment is to be made; if payment may be made personally, the usual days and hours that person is available; or instead the number of an account in a financial institution within five miles of the property, with the institution’s name and street address, or the electronic procedure already established; and the demand for payment or possession (1161(2)). The notice may be served at any time within one year after the rent becomes due. If the landlord wants to declare a forfeiture of the lease, the notice must state that election (CCP 1174(a)).
How are the three days counted?
Saturdays, Sundays and judicial holidays do not count. The judicial holidays are the state holidays in Government Code 6700, minus a few (such as Lunar New Year, Diwali, Genocide Remembrance Day, Admission Day and Columbus Day), plus the day after Thanksgiving (CCP 135; Gov. Code 6700). A notice served on a Thursday has its three days on Friday, Monday and Tuesday, so the landlord can file on Wednesday, unless a holiday is in the way.
How can the notice be served?
By delivering a copy to the tenant personally; if the tenant is absent from the residence and usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant’s residence; or, if neither place can be found or no such person can be found, by affixing a copy in a conspicuous place on the property, delivering a copy to a person residing there if one can be found, and mailing a copy (CCP 1162(a)). A landlord may not charge a tenant a fee for serving or posting a notice (Civ. Code 1946(b)).
Can the tenant stay by paying?
Yes. The notice demands payment or possession, and a tenant who pays the full amount stated within the three days satisfies it. In a nonpayment case where the notice did not state the landlord’s election to declare a forfeiture and the lease has not expired, the court may order that no writ issue for five days after judgment so that the tenant can pay into court the rent due, damages and costs and be restored to the tenancy (1174(c)). Talk to a licensed California attorney before you rely on that.
Does California require a reason to evict for nonpayment?
Default in the payment of rent is at-fault just cause (Civ. Code 1946.2(b)(1)(A)). For tenants who have lived in the home 12 months or more, the owner must state the just cause in the written notice.
What happens after the three days?
If the tenant has not paid or left, the landlord can file an unlawful detainer case. See the California eviction timeline calculator and self-help evictions in California. A federal 30-day notice may apply to a covered dwelling (15 U.S.C. 9058(c)).
Frequently asked questions
How long is an eviction notice for nonpayment in California?
Three days, excluding Saturdays, Sundays and other judicial holidays.
Does the notice have to say how much rent is owed?
Yes. It must state the amount due and where and to whom to pay.
Do weekends count in the three days?
No. Saturdays, Sundays and judicial holidays are excluded.
How can the notice be served?
Personally, by substituted service with mailing, or by posting, delivery to a resident and mailing.
Can a landlord evict me without going to court?
No. The landlord must file an unlawful detainer case and obtain a writ executed by the levying officer.
Official sources
- Cal. Code Civ. Proc. 1161: unlawful detainer
- Cal. Code Civ. Proc. 1162: service of notices
- Cal. Code Civ. Proc. 135: judicial holidays
- Cal. Gov. Code 6700: holidays in California
- Cal. Code Civ. Proc. 1174: judgment and forfeiture
- Cal. Civ. Code 1946.2: just cause
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited California statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed California attorney.