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California notice to pay rent or quit
As of October 27, 2026, California gives a tenant three days, not counting Saturdays, Sundays or court holidays, to pay overdue rent or move out after a written notice.1
If a California tenant neither pays nor moves out by the deadline, the landlord files forms in court to start an eviction case, called an unlawful detainer.2
California at a glance
- Days to pay or move out
- 3 days1
A dash or a missing box means the official pages we read do not state that rule; we never fill it in from memory.
California’s rules, with sources
- State form
- Under California Code of Civil Procedure Section 1161, the notice states the amount due and the name, telephone number and address of the person who takes the payment.1
- If a California tenant may pay in person, Section 1161 also requires the usual days and hours when the person collecting rent is available.1
- Instead of an in-person address, a California notice may give a bank account at a financial institution within five miles of the rental, or an electronic transfer procedure the parties already set up.1
- The California courts’ self-help guide lists the tenant’s full names, the rental address, the exact rent owed, the deadline and the payment details, and says late fees, utilities and damages cannot be added.3
- The California courts’ self-help guide states that eviction notices are not court forms, so the state courts publish no official 3-day notice.3
- Deadlines
- California Code of Civil Procedure Section 1161 gives a tenant who is behind on rent three days after a written notice to pay, leaving out Saturdays, Sundays and judicial holidays.1
- The California courts’ self-help guide says the day the notice was handed over or mailed is not counted, and a deadline that lands on a weekend or court holiday moves to the next court day.4
- When a California notice is left with another adult or posted and then mailed, the courts’ guide starts the count on the day after the mailing.4
- California Code of Civil Procedure Section 135 makes every Saturday, the day after Thanksgiving and the state holidays listed in the Government Code judicial holidays, with a few named exceptions such as Columbus Day.5
- A California landlord may serve the notice for unpaid rent at any time within one year after that rent became due.1
- Delivering the notice
- California Code of Civil Procedure Section 1162 allows the notice to be handed to the tenant, or, when the tenant is away from home and work, left with a responsible person there and also mailed to the tenant’s home.6
- If no home or work address is known or no responsible person can be found, California Section 1162 allows posting the notice in a conspicuous place at the rental and mailing a copy there.6
- In California, a subtenant actually living in the unit must also be served with the notice to pay rent or quit.1
- The California courts’ guide has an adult aged 18 or older deliver the notice and then sign a dated delivery statement under penalty of perjury.4
- Where it is filed
- If a California tenant neither pays nor moves out by the deadline, the landlord files forms in court to start an eviction case, called an unlawful detainer.2
- Taxes and fees
- California Code of Civil Procedure Section 1161 bars a landlord or agent from charging the tenant any fee for serving, posting or delivering the notice.1
- Law
- Under the California Tenant Protection Act, Civil Code Section 1946.2, not paying rent is an at-fault just cause for ending a tenancy.7
- In the City of Los Angeles, every notice ending a tenancy in a unit under the Rent Stabilization or Just Cause ordinance, including a 3-day notice to pay or quit, is filed with the Los Angeles Housing Department within three business days of service.8
- Since March 27, 2023, a City of Los Angeles landlord cannot evict for unpaid rent unless the tenant owes more than the Fair Market Rent for a unit of that size.9
- Since August 20, 2025, a City of Los Angeles landlord gives the tenant a Notice of Right to Counsel every time an eviction notice is served.9
- The San Francisco Rent Board requires a copy of its Form 1007 to be attached to every eviction notice, a category that includes a notice to pay rent or quit.10
- San Francisco’s rule that eviction notices be filed with the Rent Board within ten days does not apply to evictions for unpaid rent.10
Questions about a California pay-or-quit notice
How many days does a California tenant get to pay after a 3-day notice?
Three days, and only weekdays that are not court holidays count. Saturdays, Sundays and judicial holidays are skipped, and the day the notice was delivered is not day one.
If the notice was left with another adult or posted on the door, a copy also goes in the mail and the count starts the day after mailing. A deadline that ends on a weekend or court holiday rolls to the next court day.1,4,5
Is there an official California 3-day notice to pay rent or quit, and what must it say?
No. The state courts treat eviction notices as papers the landlord prepares, not court forms. Section 1161 sets the content instead: the exact rent due, and who takes the payment, with that person’s phone number and address.
When rent can be paid in person, the notice adds the usual days and hours someone is there to receive it. A bank account at a branch within five miles, or an electronic transfer already in place, can be named instead.1,3
How does a California landlord deliver a notice to pay rent or quit?
Section 1162 offers three routes: hand it to the tenant; leave it with a responsible adult at the tenant’s home or work and mail a copy; or, when neither works, post it in a conspicuous place at the rental and mail a copy to that address.
Any adult 18 or older can do the delivery, and a subtenant living in the unit is served too. The courts’ guide asks the person who delivered it to write down the date and method and sign a statement under penalty of perjury.1,4,6
Do Los Angeles and San Francisco add rules to a 3-day notice for unpaid rent?
Yes. In the City of Los Angeles, the notice is filed with the Housing Department within three business days of service, a Notice of Right to Counsel goes with it, and an eviction for nonpayment needs a debt above the Fair Market Rent for the unit size.
In San Francisco, Rent Board Form 1007 is attached to the notice, though nonpayment notices skip the Rent Board filing. The state courts’ guide warns that other cities and counties may ask for more details as well.3,8–10
What to have at hand
- Property address, unit and county
- The exact rent past due and the rental periods it covers
- Who takes the rent, where, and the hours for paying in person
- Whether the property has a federally backed mortgage or a federal housing program
It does not evict anyone. Only a court can order a tenant out; this notice is the step that usually comes before filing.
Frequently asked questions
Can a California landlord add late fees to a 3-day notice to pay rent?
The courts’ self-help guide says the notice covers rent only and cannot include other money such as late fees, utilities or damages.3
Can a California landlord charge the tenant for serving the notice?
No. Since February 1, 2025, Code of Civil Procedure Section 1161 bars charging a tenant for serving, posting or otherwise delivering the notice.1
Where this information comes from
California’s rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- California Code of Civil Procedure Section 1161 Open the official page (opens in a new tab) ↩
- The eviction process for landlords (California Courts Self-Help Guide) Open the official page (opens in a new tab) ↩
- Choose the right type of eviction notice (California Courts Self-Help Guide) Open the official page (opens in a new tab) ↩
- Deliver the notice (California Courts Self-Help Guide) Open the official page (opens in a new tab) ↩
- California Code of Civil Procedure Section 135 (judicial holidays) Open the official page (opens in a new tab) ↩
- California Code of Civil Procedure Section 1162 Open the official page (opens in a new tab) ↩
- California Civil Code Section 1946.2 (Tenant Protection Act) Open the official page (opens in a new tab) ↩
- Notice to Terminate Tenancy/Eviction Filing (Los Angeles Housing Department) Open the official page (opens in a new tab) ↩
- Just Cause For Eviction Ordinance (Los Angeles Housing Department) Open the official page (opens in a new tab) ↩
- General Eviction Notice requirements (San Francisco Rent Board) Open the official page (opens in a new tab) ↩
Something changed? Tell us what is out of date and we will check the official page again.