Three-Day Notice to Quit, 30-Day Notice to Vacate, and Proof of Service – Form 577, 569 and 580
Types of three-day notices for various tenant breaches
The type of three-day notice served on a tenant needs to be correct before an unlawful detainer (UD) or tenant holdover of a premises can be established and the tenant evicted.
Depending on the nature and extent of the tenant’s breach, one of the following types of three-day notices may be served:
- a three-day notice to pay rent or quit [See RPI Form 575];
- 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 before it becomes delinquent, the tenant is served with a three-day notice to pay rent or quit. This type of breach is known as a monetary breach, curable by paying money.
When the provision breached is not for rent or other money obligation, called a nonmonetary breach, and the breach can still be quickly and reasonably corrected by the tenant, such as enforcing a “no smoking” rule, the tenant is served with a three-day notice to perform or quit. [See RPI Form 576]
When a tenant is in default for failure to pay rent as well as a curable nonmonetary breach, a three-day notice to perform or quit is also used. The demand to pay rent is listed as an additional (monetary) breach to be cured under the notice to perform or quit. [See RPI Form 576 §2]
In contrast, a three-day notice to quit provides the tenant with no alternative to correct the default and remain in possession. The three-day notice to quit definitively requires the tenant to vacate. The notice to quit (with no alternative given) is correctly served on a tenant when the tenant’s breach is:
- impossible to cure within three days of notice [Matthew v. Digges (1920) 45 CA 561]; or
- a statutory breach which automatically forfeits the tenant’s right of possession. [Calif. Code of Civil Procedure §1161(4), see RPI Form 577]