In the state of California, if a tenant violates terms of the lease, a landlord can issue a notice of ‘live accordingly or face accordingly’ to the tenant.
This form, also called “3 Days’ Notice”, is very commonly used in California, where the tenant does not obey the terms of the agreement and does any non-compliance within the property premises. It is also issued when the tenant has not paid rent within the due date.
What Is a California 3-Day Notice?
A California 3-day notice, also called 3-day eviction notice, is the notice that contains a warning of ‘either avoid non-compliance or leave the property within three days’. The landowner may send this notice by himself or through his legal attorney so that it may be considered official, and the client may resolve the issue by contacting the owner.
The safety and assurance of the terms of agreement regarding any rental property is the first and foremost priority of all owners. That’s why, in the commonwealth of California, the tenants must follow the terms of the agreement, maintain the compliance, and pay the rents within due dates. Otherwise, the owner has a legal right to send this notice and take action accordingly.
There are three significant scenarios faced in this eviction case: The client may do illegal activities within the land premises, or he may be subjected to a violation of terms of the agreement. He may also have unpaid the dues of the rental property. These all factors provoke the owner to send him/her eviction notice.
Types of California 3-Day Notice
In California, there are generally three types of eviction forms used depending upon the nature of non-compliance convicted by the client.
3-Days’ Notice to Pay or Quit
This type of notice is given to the tenant in California when he has not paid the rent within the due date. It warns the client to either pay all the unpaid taxes or quit the property within three days. The tenant, as soon as the notice is received, must clear all the dues so that any legal action is not carried out against him/her by the owner.
3-Days’ Notice to Quit (Non-Compliance – Curable)
This type of notice acts as a warning to the tenant after the owner comes to know about his violation against the terms of the agreement. This form of notice is said to be ‘curable’; as the tenant, after receiving the notice, contacts the owner and assures him of compliance in the future. Thus the owner then may not take any legal action against the tenant.
3-Day Notice to Quit (Non-Compliance – Incurable)
This notice is issued to the tenant due to running illegal activities in the property of the owner. The owner may send the notice through his legal advisor to the tenant, stating that either evacuate the property within three days or be prepared for legal consequences. That’s why it is called ‘incurable.’
What Information Is Included in a California 3-Day Notice?
The 3-day evacuation forms are in accordance with the Code of Civil Procedure Sec 1159-1179a. A typical California 3-day notice contains the following components:
Preparer’s details:
The basic details (name, contact number, email address) of the preparer are written on the top of the paper in the section “Agent/Broker info”. The date is written on the separate bar along. This section is usually not used in the documents of “Unpaid rents notice.”
Tenant’s Information:
The information of the tenant (name, address, and contact number) is provided on the line below the above section. This line typically begins with “To_____”.
Property Details
The location, serial number, and other identification details (if any) of the property/land where there has been a violation of terms of the agreement, or whose rent is due are written in the line below.
Facts Portion
Next, the facts, according to which the violation and breach of trust have been committed by the tenant are to be stated in the next section. This is the main section of any 3-day quit notice, which states the actual reasons that caused the owner to issue the notice.
The statement is pre-decided by the “California Codes of Civil Procedure §1161(2, 3, and 4)”. Plus, if the issue is regarding unpaid dues by the tenant, the amount (in dollars) is also written.
If that so, the detail of the person whom the tenant should submit the dues should also be added in the next section “In the following manner” – as this section is only present in the type ‘3-day notice of pay or quit’.
Agent Details
The details of the agent or the landlord are written at the bottom of the form. The information includes name, contact number, email, fax number, and address.
Proof of Service
This includes the information of the deliverer who makes sure that the form has been reached to the occupant/tenant. It is filled by the person who delivers the notice to the tenant. All the details, i.e., when the form arrived, when it was mailed and when it reached the tenant’s location, etc. are written in this section along with his signatures.
Conclusion
The state of California allows every property owner to issue a notice against the tenant for the violation of terms or breach of trust regarding the agreement. The 3-day quit form means ‘either resolve the issue or quit the place’.
After receiving the notice, the tenant has three days to resolve the issues or quit the land already. Otherwise, the owner can take legal action against the tenant.
CocoSign provides alluring layouts and templates of the California 3-day quit form of every type, depending upon the nature of the issue. We allow you to design, download and save the templates for later use.
