California 3-Day Notice to Pay Rent or Quit

A procedural guide for California landlords under CCP §1161(2)

In California, the terms California 3 Day Notice, California Pay or Quit Notice, and California Notice to Pay Rent or Quit all refer to the same statutory demand for unpaid rent.

Content last updated: August 2026.

What Is a California Pay or Quit Notice?

A California 3-day notice to pay rent or quit is a written demand served on a tenant requiring them to pay all overdue rent within 3 days or surrender possession of the rental unit. It is the mandatory first step before a landlord can file an unlawful detainer (eviction) lawsuit in California. Courts will dismiss eviction cases where proper notice was not served.

A California 3-day notice to pay rent or quit must demand rent only, not late fees, utilities, or other non-rent charges.

Under California law, the notice may only demand the actual rent due — it cannot include late fees, utilities, or other charges. Including amounts beyond rent owed can invalidate the entire notice.

How Many Days Does a California Pay or Quit Notice Give?

California requires a 3-day notice period. The count begins the day after the notice is served. If the 3rd day falls on a Saturday, Sunday, or judicial holiday, the deadline automatically extends to the next court business day under CCP §12a.

For example, if a notice is served on Wednesday, the 3-day period runs Thursday, Friday, and Saturday. Because the 3rd day is Saturday, the tenant has until Monday to pay or vacate.

Do Weekends Count?

Weekends are counted within the 3-day period, but California provides an important protection: if the last day of the notice period falls on a Saturday, Sunday, or judicial holiday, the deadline extends to the next business day. This is governed by CCP §12a (computation of time).

This differs from Florida, which excludes weekends and holidays entirely from the count, and from Texas, which counts all calendar days with no extension.

Statute Reference

What the Notice Should Include

1. Tenant's full legal name and the address of the rental property
2. The exact amount of rent that is past due (rent only — no late fees or other charges)
3. The specific period for which rent is owed
4. A clear demand to pay the amount within 3 days or quit (surrender possession)
5. The name, address, and telephone number of the person to whom rent payment should be made
6. Information about where and how payment may be made (including electronic payment if applicable)
7. The date the notice is served
8. The landlord's or agent's signature

Service Methods

1. Personal service — handing the notice directly to the tenant
2. Substituted service — leaving the notice with a person of suitable age and discretion at the tenant's residence or workplace, plus mailing a copy to the tenant
3. Post and mail — if the tenant cannot be found after reasonable diligence, affixing a copy to the front door and mailing a copy to the tenant's address

The method of service affects the counting period. When service is by mail, California law adds additional days to the notice period (5 extra days for mailing within California under CCP §1013).

What Happens Next

If the tenant pays the full rent owed within the 3-day period, the tenancy continues and no eviction can proceed based on that notice. If the tenant does not pay or vacate, the landlord may file an unlawful detainer lawsuit in the superior court of the county where the property is located.

California unlawful detainer cases are expedited proceedings. The tenant typically has 5 days to respond after being served with the court summons and complaint.

Key Differences From Other States

• Florida: 3 business days — excludes weekends and holidays entirely from the count (§83.56)
• Texas: 3 calendar days — no extensions for weekends or holidays (Property Code §24.005)
• Indiana: 10 calendar days — one of the longest notice periods (IC 32-31-1-6)
• California: 3 days with weekend/holiday extension if the last day falls on a non-business day (CCP §1161(2) and §12a)