Sample 3 Day Notice to Pay/Quit

THREE (3) DAY NOTICE TO PAY/QUIT AND SURRENDER PREMISES

California Code of Civil Procedure § 1161(2)

Date:[Insert Date of Notice]

To:[Insert Tenant's Name], known as units [Insert Unit Numbers]; all others in possession and unnamed tenants (“Tenants”).

From: [Insert Landlord's Name or Landlord Entity] (“Landlord”)

Number of Pages Included: [Insert Number of Pages]

This 3 Day Notice To Pay/Quit supersedes any other prior notices served onto Tenants. All prior notices that have been served onto Tenants are now canceled.

The premises herein referred to contain [Insert Number of Units] units and are situated in the City of [Insert City], County of [Insert County], State of California, designated by the number and street as:

[Insert Property Address] (“Premises”).

YOU ARE HEREBY NOTIFIED THAT WITHIN THREE (3) DAYS after service on you of this notice, excluding Saturdays, Sundays, and other judicial holidays or court holidays, pursuant to California Code of Civil Procedure § 1161(2) and the rental lease agreement under which you hold possession of the Premises, you are in default of rent due and are required to pay the now due, unpaid and delinquent rent in the total sum of [$ Insert Total Sum Owed] representing the rent for the period of [Insert Period of Owed Rent], or QUIT AND DELIVER UP POSSESSION OF THE PREMISES.

Payment of the unpaid [$ Insert Total Sum Owed] may be made to:

[Insert Detailed List of Payments with Dates and Amounts, Each on a New Line]

Payment of the unpaid [$ Insert Total Sum Owed] may be Paid to:

Person to Pay: [Insert Name of Receiver]

Address to Pay:[Insert Payment Address]

Phone Number: [Insert Contact Number]

Payments may be made at any time within the time stated:

Usual Days of Availability: Monday–Friday

Usual Hours of Availability: [Insert Hours of Availability]

Electronic Funds Transfer via: [Insert Electronic Payment Method]

[Insert Email or Account for Electronic Payment]

For purposes of this section, “electronic funds transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. “Electronic funds transfer” includes, but is not limited to, point-of-sale transfers, direct deposits or withdrawals of funds, transfers initiated by telephone, transfers via an automated clearinghouse, transfers initiated electronically that deliver a paper instrument, and transfers authorized in advance to recur at substantially regular intervals.

YOU ARE FURTHER NOTIFIED that state law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.

YOU ARE FURTHER NOTIFIED, pursuant to California Civil Code §§ 1785, et seq., that a negative credit report reflecting on your credit report may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

YOU ARE FURTHER NOTIFIED that the Landlord does hereby elect to declare the forfeiture of your rental agreement under which you hold possession of the Premises if you fail to pay, perform or otherwise comply. This is intended as a final Notice to Pay or Quit and deliver possession of the Premises under the provisions of California Code of Civil Procedure § 1161. Failure to comply with this Notice will result in legal proceedings being instituted for unlawful detainer against Tenants to recover possession of the Premises, declare said tenancy forfeited, and to recover actual, punitive, and treble damages for the unlawful detention of the Premises.

This notice is also in accordance with California Code of Civil Procedure § 1174.5. Pursuant to PENAL CODE § 594, “Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism: (1) defaces with graffiti or other inscribed material; (2) Damages; or (3) Destroys.” See attached COVID-19 RENTER PROTECTIONS FACT SHEET. You may also find a copy of the COVID-19 RENTER PROTECTIONS FACT SHEET at [Insert URL].

NOTICE FROM THE STATE OF CALIFORNIA:

If you completed an application for government rental assistance on or before [Insert Date], you may have protections against eviction. For information about legal resources that may be available to you, visit [Insert Website].

[Insert Landlord's Entity Name]

Landlord

[Insert Agent's Name]

Agent for Landlord

[Signature Line]