FAQ #11: What is a 3-day notice?

• If the tenant has not paid the rent, the landlord may send a 3-day notice to "pay or quit". The tenant must pay the full amount of rent owed within the 3 days (including weekends) or move out.
  
  
• If the landlord accuses the tenant of violating the lease agreement, the tenant has 3 days to stop the conduct or move out.
  
  
• The landlord can give a 3-day notice to vacate if the tenant is committing serious damage to the property, creating a "nuisance" or using the property to perform illegal acts. In these cases, the landlord does not have to give the tenant a chance to cure the problem.

The landlord must serve the tenant with the written notice to quit by 1) giving it to the tenant personally, or 2) serving a copy with another person at the unit and mailing a copy, or 3) posting a copy on the property and mailing a copy to the tenant.

If the tenant does not comply with the 3-day notice, the landlord may start eviction procedures on the 4th day. The tenant has 5 days (including weekends) after receiving the eviction notice to respond by filing an "Answer" along with a copy of the eviction notice with the court. If the tenant does not file these papers, he/she automatically lose the case and do not go to court. At this point, the Sheriff will post a notice to move out within 5 days. If the tenant does not move, the Sheriff can physically evict him/her and lock the premises. If the tenant's possessions are inside, the tenant will have to pay storage fees to have them returned.

Department of Consumer Affairs: California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities www.dca.ca.gov/publications/landlordbook or Download the guide (PDF)

California Courts: Self-Help Center: Eviction Information www.courtinfo.ca.gov/selfhelp/other/landten.htm

Legal Aid Society of San Mateo County's PDF guides: 3-Day Notices | 30 and 60-Day Notices | Eviction Process | Lockouts

Landlord and Tenant Information and Referral Collaborative Landlord and Tenant Rights, Responsibilities, and Resources, in San Mateo County (PDF)

Legal Aid Society of San Mateo County, www.legalaidsmc.org
800-381-8898

La Raza Centro Legal, South San Francisco Only , www.lrcl.org
866-4-LARAZA (toll free)  

Bay Area Legal Aid, San Mateo County Regional Office, www.baylegal.org
650-358-0745

Stanford Community Law Clinic, www.law.stanford.edu/clinics/sclc
650-475-0560

Community Legal Services in East Palo Alto, www.clsepa.org
650-326-6440

THESE ORGANIZATIONS PROVIDE SERVICES TO TENANTS AND LANDLORDS:

Northern California Senior Legal Hotline, www.seniorlegalhotline.org
800-222-1753

Lawyer Referral Service, San Mateo County Bar Association - For a nominal fee, the staff arranges an appointment with an attorney, www.smcba.org/community/lrs.htm
650-369-4149

Peninsula Conflict Resolution Center, www.pcrcweb.org
650-513-0330

East Palo Alto Rent Stabilization Program - For residents of East Palo Alto
650-853-3114

THIS ORGANIZATION PROVIDES SERVICES TO LANDLORDS:

Tri-County Apartment Association (TCAA), www.tcaa.org
650-685-1814