Legal Question in Landlord & Tenant Law in California

Re: 3 day Notice to quit

Only one 3 day notice should be given. The 3 day notice can not include late charges or rent over a year old. Please contact us if you want an unlawful detainer (eviction) filed or need any other assistance.

Re: 3 day Notice to quit

In essence, there is no difference. A notice as to arrears is just that, while the 3 day notice to pay or quit, means the rent has to be up-to-date, or you can bring eviction (unlawful detainer) proceedings on day # 4.

Be careful of one thing though. A lot of landlords (and tenants) are not aware that California law makes no provisions for late fees, and even though there may be late fees in the provisions of the lease, you cannot ask for late fees in your Pay Rent or Quit notices. Most judges will tell you to start again, and refile.

What you really should do is a three day notice for the 1.5 month arrearages (no late fees), and make sure you list a place where tenant must make payment.

Good luck!

Re: 3 day Notice to quit

Typically, these are notices to "pay or quit," and for "forfeiture of the lease." If the tenant pays the full amount during the three-day period, you have to accept the payment and the lease is then reinstated. If not paid during that time, the tenant could either pay afterwards and you'd have to start over, or you should not accept any payment and continue with the eviction by filing the unlawful detainer lawsuit in court. If you're unsure, it's always good to have a lawyer on your side. Most eviction lawyers' fees are reasonable.