How Much Notice Does a Landlord Have to Give for Unpaid Rent in California? (3 Days)

In California, a landlord must serve a 3-Day Notice to Pay or Quit before filing an eviction for unpaid rent. The statute is Code Civ. Proc. § 1161(2). In short: 3 court days to pay the rent stated or quit; the notice must say exactly where, to whom and when rent can be paid.

What Code Civ. Proc. § 1161(2) requires

• Notice period: 3 days.
• How the days are counted: The 3-day periods exclude Saturdays, Sundays and judicial holidays.
• Watch out: Only rent may be demanded. Late fees, utilities and other charges cannot appear in a 3-day notice.
• Watch out: The notice must be served within one year after the rent became due (§ 1161(2)).
• Watch out: Los Angeles, San Francisco, Oakland and other cities add just-cause and notice requirements; check the local ordinance before serving.
• Statute: Code Civ. Proc. § 1161(2).

How the notice can be served in California

• Hand-delivered to the tenant: Deliver a copy to the tenant personally.
• Left with a person of suitable age at home or work, and mailed: If the tenant is absent from the residence and usual place of business, leave a copy with a person of suitable age and discretion at either place AND mail a copy to the tenant's residence the same day.
• Posted on the property, delivered to any resident found, and mailed: If neither the residence nor the place of business can be found, or no person of suitable age is there, affix a copy conspicuously on the property, hand a copy to any person residing there if one can be found, AND mail a copy to the property.

Record the method, the date, and who delivered it. The service date is where the 3-day count begins, and it is the first thing a judge checks.

When the period ends

A notice that miscounts the period, or is filed on before it has run, gets the case dismissed rather than delayed, and the landlord starts over with a fresh notice. Count from the service date under the California rule above, add any mailing days for the method used, and file only after the last day has passed.

Frequently Asked Questions

Q: Does the day I serve the notice count as day one in California?
A: The 3-day periods exclude Saturdays, Sundays and judicial holidays. Apply that rule to the service date, then add the mailing allowance if the method calls for one.

Q: Can a California landlord serve the notice by mail?
A: Yes. Left with a person of suitable age at home or work, and mailed; Posted on the property, delivered to any resident found, and mailed. Keep the receipt.

Q: What if the tenant pays some of the rent during the 3 days?
A: Accepting partial payment can affect the notice; read the cautions above before deciding, and put any agreement in writing. When in doubt, a fresh notice is cheaper than a dismissed case.

Sources Checked

• Cal. Civ. Code § 1950.5 (the California statute cited above)
• Code Civ. Proc. § 1161(2) (the California notice statute)
• LeaseLenses California deposit and notice data set, last reviewed 2026-09-19; the same data powers the California document tools
• California landlord-tenant overview and the California deposit rules page

This page is general legal information for California, not legal advice. Statutes change; read the current text before relying on a deadline in court.