Why Is Your Eviction Notice a 3-Day Notice?

If your landlord wants to end your month-to-month tenancy, he can serve you with a 30-day or 60-day notice. Some tenants, however, get served with a 3-day eviction notice.  After the 3-day notice has expired, the landlord can then file an unlawful detainer in order to evict you in Superior Court.  When does the law allow a landlord to serve this eviction notice with such a short time frame?

This type of notice is allowed for several actions, including if the tenant has:

  • Failed to pay rent.
  • Violated any part of the rental agreement.
  • Significantly damaged the rental unit.
  • Used the premise for unlawful purposes.
  • Committed a nuisance by substantially interfering with other tenants.

The Common Reason for a 3-day Eviction Notice

The most common reason for receiving a 3-day eviction notice is that you failed to pay the rent. If you pay the rent during the 3-day notice period, your tenancy continues. You must pay the rent by the end of the third day. It’s best to pay the rent in the form of a cashier’s check, money order, or cash. Regardless of the form, be sure to get a signed receipt that shows the date and the amount of payment.

If you have withheld the rent because you have a dispute with the landlord, you should be careful. You may wish to consult an experienced tenant attorney to ensure that you are taking the correct legal steps in order to protect your renter’s rights.

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Mary Catherine Wiederhold

Real Estate Attorney
1458 Sutter Street
San Francisco, CA 94109

Mary Catherine Wiederhold
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Courtney Brown
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