Facts: A landlord leases a residential unit to a tenant. The tenant defaults in rental payments. The landlord serves the tenant with a Three-Day Notice to Pay Rent or Quit. The Three-Day Notice to Pay Rent or Quit does not state the tenant will lose possession of the premises when they do not pay the delinquent rent within the three-day period. The notice does not specify the start or end dates of the three-day period. The address provided in the notice where rent is paid is the tenant’s unit. The tenant fails to pay rent and remains in possession of the rental unit.

Claim: The landlord seeks possession of the leased premises claiming the tenant is guilty of unlawful detainer since the landlord delivered a Three-Day Notice to Pay Rent or Quit to the tenant.

Counterclaim: The tenant claims the Three-Day Notice to Pay Rent or Quit was invalid since the notice did not include a clear eviction warning, a commencement and end date for the notice period or an accurate address where rent is to be paid.

Holding: A California court of appeals holds the tenant retains possession of the leased premises since the Three-Day Notice to Pay Rent or Quit was invalid by not including a clear eviction warning, a commencement and end date for the notice period or an accurate address where rent is to be paid. [Eshagian v. Cepeda (2025) 112 CA5th 433]

Eshagian v. Cepeda

Editor’s note — Realty Publications, Inc. (RPI) publishes Three-Day Notice to Pay Rent or Quit forms that contain a notice that when the tenant fails to pay rent within three days, excluding weekends and judicial holidays, the landlord will regain possession of the premises, a clear commencement date of when the notice is served and an address field for the landlord.

Related Forms:

RPI Form 575 — Three-Day Notice to Pay Rent or Quit — With Rent-Related Fees

RPI Form 575-1 — Three-Day Notice to Pay Rent or Quit — Without Rent-Related Fees

RPI Form 575-2 — Three-Day Notice to Pay Rent with Related Fees — For Properties Subject to Just Cause Eviction Requirements

RPI Form 575-3 — Three-Day Notice to Pay Rent — For Properties Subject to Just Cause Eviction Requirements

Related Reading:

Form-of-the-Week: Three-Day Notice to Pay Rent or Quit Variations — Forms 575, 575-1, 575-2 and 575-3

Letter to the Editor: My tenant is late on rent. How many days need to pass before I can file an unlawful detainer action?

Real Estate Principles, Chapter 79: Delinquent rent and the three-day notice

Real Estate Property Management, Chapter 25: Delinquent rent and the three-day notice

Related RCD:

May a landlord maintain an unlawful detainer (UD) action against a tenant when the landlord provides an ambiguous three-day notice to pay rent?