Quick Answer
A 3-day notice to pay rent or quit under Cal. Code Civ. Proc. § 1161(2) gives your tenant three court days. Saturdays, Sundays, and other judicial holidays do not count, and the day you serve the notice is Day 0 (CCP § 12). The notice states the amount of rent due, who accepts payment, and when and how your tenant can pay. You file an unlawful detainer only after the third court day has passed. Statute text last checked October 2, 2026.
Key Takeaways
- Count court days only. The statute gives three days’ notice “excluding Saturdays and Sundays and other judicial holidays” (§ 1161(2)).
- Day 0 is the day you serve. CCP § 12 excludes the first day and includes the last, so Court Day 1 is the next court day.
- Your tenant keeps all of Court Day 3. File no earlier than the next court day.
- State the payment details. Include the amount due, the payee’s name, telephone number, and address, and the days and hours the payee accepts payment. Add the electronic transfer or bank deposit details when you offer those options.
- Serve it one of three ways. Personal delivery, substituted service with a mailed copy, or posting with delivery to a resident if one is found, and a mailed copy (CCP § 1162).
1. The Court Day Rule (CCP § 1161(2) and § 12)
Under California Code of Civil Procedure § 1161(2), when rent is unpaid you may serve a written notice that requires your tenant to pay the rent due or leave. Since September 1, 2019 (AB 2343), the three days exclude Saturdays, Sundays, and other judicial holidays.
Under CCP § 12, you exclude the day of service and include the last day. Day 0 is the day you serve, and Court Day 1 is the next day that is not a weekend or judicial holiday. Treat the whole third court day as your tenant’s, and file on the court day after it.
Worked Example: Served on a Thursday
- Thursday: Day 0.
- Friday: Court Day 1.
- Saturday and Sunday: not counted.
- Monday: Court Day 2.
- Tuesday: Court Day 3, the last day to pay.
- Wednesday: the earliest day to file.
Worked Example: Served the Wednesday Before Thanksgiving
- Wednesday: Day 0.
- Thursday (Thanksgiving) and Friday (day after Thanksgiving): judicial holidays, not counted.
- Saturday and Sunday: not counted.
- Monday: Court Day 1.
- Tuesday: Court Day 2.
- Wednesday: Court Day 3.
- Thursday: the earliest day to file.
2. What the Notice Must Say
Section 1161(2) requires the notice to state:
- The amount due. Name the rent your tenant owes. Limit the demand to rent: late fees and other charges are not rent unless your lease treats them as rent, and a notice that demands more than the rent due can be found defective. Ask your attorney before you include anything but base rent.
- Who accepts payment. The name, telephone number, and address of the person to whom the rent is paid.
- When payment is accepted. The usual days and hours that person is available to receive payment.
- Other payment options you offer. For a deposit to a financial institution, the account number and the institution’s name and street address, which must be within five miles of the rental. For electronic funds transfer, the details when you have previously used that method.
Practice tip, not a statutory requirement: name every adult tenant on the lease and give the full property address.
3. How to Serve the Notice (CCP § 1162)
Choose the first method that fits your facts:
- Personal service: hand a copy to your tenant.
- Substituted service: when your tenant is away from home and from their usual place of business, leave a copy with a person of suitable age and discretion at either place, and mail a copy to your tenant’s residence.
- Posting: when you cannot find your tenant’s residence or business, or a person of suitable age and discretion there, attach a copy in a conspicuous place on the property, deliver a copy to a resident if one can be found, and mail a copy addressed to your tenant at the property.
Practice tip, not a statutory requirement: mail on the day you post, and keep your proof of service.
4. Comparison: Conforming vs. Defective 3-Day Notices
| Component | Conforming notice | Notice open to dismissal |
|---|---|---|
| Amount demanded | Rent due only | Rent plus a late fee your lease does not treat as rent |
| Time computation | Three court days, weekends and judicial holidays skipped | Three calendar days, including a Sunday |
| Service proof | Written proof stating who, when, and how | A text message or oral notice |
| Payment details | Payee name, phone, address, days and hours | “Drop it in the mailbox” |
| Filing date | The court day after Court Day 3 | The afternoon of Court Day 3 |
What This Guide Does Not Cover
This guide covers 3-day notices to pay rent or quit under California Code of Civil Procedure § 1161(2). It describes what the statutes say as of the check date above and does not predict how a court will rule on your facts.
It does not cover:
- 30-day and 60-day termination notices, covered in the 30-day vs 60-day guide.
- 3-day notices to quit for nuisance, waste, or other curable and incurable breaches under CCP § 1161(3) and (4).
- Commercial tenancies.
- Local eviction ordinances and temporary moratoria that add notice or filing rules.
- Court procedure after you file.