CCP §1161 — Key Provisions
The Three Types of 3-Day Notices Under CCP §1161
1. 3-Day Notice to Pay Rent or Quit — CCP §1161(2)
The most common notice in commercial eviction. Used when the tenant has failed to pay rent. The notice must demand that the tenant either pay the total unpaid rent or surrender possession of the premises within 3 calendar days (excluding weekends and court holidays).
- The exact total amount of rent owed (not an approximation)
- The specific rental period(s) for which rent is owed
- The name, telephone number, and address of the person to whom rent may be paid (or the account number and name of financial institution if payment by deposit)
- A demand for payment OR surrender of possession within 3 days
The Exact Amount Rule — Most Common Fatal Defect
California courts strictly enforce the requirement that the 3-day notice state the exact amount of rent owed. Overstatement of the amount — even by a dollar — renders the notice void and requires starting over. Common mistakes:
- Including late fees as "rent" when the lease does not define them as rent
- Adding CAM/operating expenses not defined as "rent" in the lease
- Failing to credit a partial payment received after the default date
- Including rent for future months not yet due
2. 3-Day Notice to Perform Covenant or Quit — CCP §1161(3)
Used for curable, non-monetary breaches of the lease: unauthorized subletting, operating outside permitted use, property damage, failure to maintain required insurance, or other lease covenant violations. The tenant has 3 days to cure the violation or vacate.
The notice must identify the specific covenant breached and describe the required cure with sufficient specificity that the tenant can comply. Vague notices ("you are in violation of your lease") are legally insufficient.
3. 3-Day Unconditional Notice to Quit — CCP §1161(4)
Used for incurable breaches where no cure is possible or appropriate: maintaining a nuisance, committing waste, using the premises for illegal activities, or when the tenant has already been served two prior notices for the same breach and continues violating. This notice gives the tenant 3 days to vacate with no option to cure.
Using an unconditional notice for a curable breach is a legal error that may result in dismissal. Courts will examine whether the alleged breach truly falls into the incurable category.
Service of Notice — CCP §1162
A properly drafted notice that is improperly served is just as fatal as a defective notice. California Code of Civil Procedure §1162 specifies three valid methods of service, in order of preference:
Method 1: Personal Service (Preferred)
Deliver the notice directly to the tenant (or authorized agent) in person. For a corporate commercial tenant, deliver to an officer, general agent, or person authorized to accept service. Personal service is the most defensible and starts the 3-day period immediately.
Method 2: Substituted Service
If the tenant or authorized agent is not present at the place of business, leave the notice with a person of suitable age and discretion found at the place of business, AND mail a copy to the tenant at the place of business. Both the in-person delivery and mailing must occur on the same day.
Method 3: Post and Mail
If no person of suitable age is found at the place of business after reasonable attempts: post a copy conspicuously on the main entry AND mail a copy to the tenant. This method adds 5 days to the notice period — the landlord cannot file the UD complaint until 8 days (3 + 5) after the mailing date.
Proof of Service
Always complete a written Proof of Service form documenting the date, time, method, and name of the person who served the notice. The proof of service is attached to the UD complaint and is critical evidence. Use a professional process server for defensibility, especially in high-stakes commercial evictions.