This form is used by a property manager or landlord when a tenant defaults on rent payments under a rental or lease agreement, to notify the tenant of the amount of delinquent rent payable within three days or vacate and deliver possession.
Default and notice
Consider a tenant who defaults on their rental or lease agreement by failing to:
- pay rent and any other amounts due as called for in the rental or lease agreement; or
- perform nonmonetary obligations called for in the rental or lease agreement.
On a tenant’s default, the landlord may make a demand on the tenant to cure the default and if not to vacate the premises as a forfeiture of possession.
However, only a material breach allows the landlord to forfeit the tenant’s right to possession. A minor breach consists of failure to pay junk fees not incurred due to occupancy.
Failure to pay rent or perform other occupancy related obligations called for in the rental or lease agreement is a material breach. Conversely, the tenant’s failure to pay late charges, interest penalties, bad check charges or security deposits are minor breaches, which alone do not justify a three-day notice to cure or quit. [Keating v. Preston (1940) 42 CA2d 110]
Some nonmonetary defaults by a tenant cannot be cured. These are known as incurable breaches. Incurable breaches include:
- waste to the premises;
- alienation of the leasehold; or
- significant criminal activity which has occurred on the property.
The landlord’s remedy for an incurable breach is to serve notice on the tenant to quit the premises within three days after service. The tenant has no alternative but to vacate. [See RPI Form 577]
Types of three-day notices for various breaches
The three-day notice served on a residential or commercial tenant needs to be the correct type before the tenant’s unlawful detainer (UD) of a premises can be established and the tenant evicted. Also, residential rentals owned by just cause-controlled entities use different notices from all other types of property and ownerships.
Depending on the nature and extent of the tenant’s breach, landlords other than just cause entities serve tenants with one of the following types of three-day notices:
- a three-day notice to pay rent or quit [See RPI Form 575 and 575-1];
- a three-day notice to perform or quit [See RPI Form 576]; or
- a three-day notice to quit. [See RPI Form 577]
When a tenant’s breach is the failure to pay rent or other money obligation past due, the tenant is served with a three-day notice to pay rent or quit. This type of breach is called a monetary breach. Thus, it is curable by paying money.
A three-day notice to pay or quit is not limited to the scheduled amount of periodic rent which is delinquent. While the notice to pay may not be served until rent is delinquent, the notice may include all sums of money which are properly due and unpaid under the rental or lease agreement at the time the notice is served, including the delinquent rent. [Canal-Randolph Anaheim, Inc. v. Wilkoski (1978) 78 CA3d 477]
Using the form variations
A landlord or property manager — other than a just cause entity — uses the Three-Day Notice to Pay Rent or Quit — With Rent-Related Fees published by RPI (Realty Publications, Inc.) to serve a tenant who fails to pay the amounts due under a rental or lease agreement. The tenant, within three (3) days after service of written notice of the breach, needs to either pay the amount due or vacate and deliver possession of the premises to the landlord. [Calif. Code of Civil Procedure §1161(2); See RPI Form 575]
Examples of amounts of money due periodically for occupancy under a rental or lease agreement, in addition to scheduled rent, include:
- common area maintenance charges (CAMs);
- homeowners’ association (HOA) charges;
- pro rata insurance premiums, property taxes and assessments;
- late payment and bad check charges;
- expenses incurred by the landlord to cure waste or failure to maintain the property; and
- other amounts of money properly due as compensation or reimbursement of expenses arising out of the occupancy.
A Three-Day Notice to Pay Rent or Quit — With Rent-Related Fees form provides for the itemization of rent plus any other amounts due which are unpaid and delinquent. [See RPI Form 575]
Alternatively, a residential landlord may choose, due to the discretion of local UD judges, to use a three-day notice to pay or quit form which does not include rent-related fees. [See RPI Form 575-1]
A landlord or property manager other than a just cause controlled entity uses the Three-Day Notice to Pay Rent or Quit — Without Rent-Related Fees published by RPI to serve a tenant who fails to pay the amounts due under a rental or lease agreement. However, the demand for payment is limited to actual delinquent rent only, which includes:
- rent and other amounts due and unpaid;
- CAM charges;
- HOA assessments; and
- property taxes. [See RPI Form 575-1]
For a just cause controlled landlord or their property manager, when a tenant is in default they use the Three-Day Notice to Pay Rent with Related Fees — For Properties Subject to Just Cause Eviction Requirements published by RPI. The form notifies the tenant of the amount of the delinquent rents and related fees payable within three days. [CC §1946.2; See RPI Form 575-2]
Alternatively, when a tenant is in default, a just cause landlord or their property manager uses the Three-Day Notice to Pay Rent — For Properties Subject to Just Cause Eviction Requirements published by RPI. The form notifies the tenant of the amount of the delinquent rent payable within three days. Provision for minor breaches are not included in this form. [CC §1946.2; See RPI Form 575-3]
Form navigation page published 02-2023.
Form updated 2021.
Form-of-the-Week: Three-Day Notice to Pay Rent or Quit Variations — Forms 575, 575-1, 575-2 and 575-3
Article: Surrender cancels the lease agreement
Article: Accept partial rent, retain a tenant
Article: Rent collectible under a lease agreement
Blog: Self-help evictions: the new forbidden fruit for California landlords
Book: Real Estate Property Management, Chapter 25: Delinquent rent and the three-day notice
Book: Real Estate Property Management, Chapter 29: Other amounts due under the three-day notices
Recent Case Decision: May a landlord use a three-day notice to pay rent or quit as a basis for evicting a tenant who occupied an unpermitted rental unit?
Letter to the Editor: Late fees and the three-day notice to pay rent or quit
I sent the management Co. A certified letter with a return receipt to them it was signed for on June first this gives them 30days to replace my swamp cooler good grief it been going on 14 months since this battle began so all this time my swamp cooler is really sad so I’m with holding their rent. It’s been an awfully quiet 8 days I haven’t heard anything from them.maybe the calm before the storm idk but I intend to fight this management company! Any ideas of what I can expect to happen? I am a disabled senior citizen I have many complaints against this company! I’ve had enough I’ve kept records just need to get them together! I might have cause to sue them for prejudice and treatment I endured while they played game of thrones with the tenants they are buying up every property they can and fixing any existing buildings they don’t! If anyone has any advise for me it will be appreciated! I think as others do a judge would find my case interesting and sad! But I will rather burn every dollar of rent than see them get it ! And at the end of the day it’s @$$$ And that’s it! Tanks for listening!