Legal Question in Landlord & Tenant Law in California

Re: 3 day notice to pay rent or quit

Depends on how long he has been a tenant. If he has resided there for over a year you have to give him a sixty day notice to terminate tenancy. If he has been there less than a year, a thirty day notice to terminate will suffice.

So, you cannot evict him immediately if he doesn't pay his rent, regardless of what notice you use. However, if he doesn't pay during the 30/60 day period you can also serve him with a 3 Day notice to pay rent or quit and proceed against him if he doesn't pay timely. Make sure you check with an attorney about when those notice periods expire before you file your unlawful detainer (i.e. eviction) action, since filing too soon can void your notice and cause you to have to start all over again.