THREE (3) DAY NOTICE TO PAY RENT OR QUIT
To: [INSERT TENANT(S) NAME EXACTLY AS IT APPEARS ON THELEASE]
And All Other Tenants-in-Possession and any other persons in possession (“Tenant”);
NOTICE IS HEREBY GIVEN than under the terms of the lease/rental agreemententered into on or around[INSERT DATE RENTAL AGREEMENT BEGAN],by which you hold possession of the premises commonly known as [INSERT EXACT PROPERTY ADDRESS (STREET, CITY, STATE, ZIP], county of [INSERT THE COUNTY WHERE THE PROPERTY IS LOCATED, I.E. LOS ANGELES], there is now due and unpaid rent for said premises as follows:
Total Delinquent Rent:$[INSERT TOTAL RENT DUE]
Date Rent Due:The FIRST (1ST) day of every month.
The period for which the rent is delinquent is for [INSERT MONTHS THAT THE UNPAID RENT STATED ABOVE COVERS (FOR EXAMPLE, APRIL 2012 THROUGH MAY 2012].
WITHIN THREE (3) DAYS after service on you of a copy of this notice, you are hereby required to either:
- Pay the total delinquent rent due for the premises, as stated above; or
- Quit and deliver up possession of the premises to the undersigned.
IF TENANT(S) FAIL(S) either to pay the total delinquent rent or quit possession of the premises within three days after the date of service of a copy of this notice, legal proceedings will be instituted for possession of the premises, for forfeiture of the rental agreement and for such other damages as may be allowed by law. Landlord elects to declare the forfeiture of your rental agreement. This notice supersedes all prior notices served upon you that relate to your tenancy at the above-mentioned unit. “Payment” as required under this notice shall mean ACTUAL RECEIPT by Owner or Agent of the above-specified sum.
Make payment to:[INSERT LANDLORD/AGENT NAME]
[INSERT LANDLORD/AGENT ADDRESS]
between the hours of 9am-5pm M-F
Phone Number [INSERT PHONE NUMBER]
Date:[DATE NOTICE SERVED]
______
[LANDLORD/AGENT NAME]
......
PROOF OF SERVICE
THREE (3) DAY NOTICE TO PAY RENT OR QUIT
I, the undersigned, being at least 18 years of age, served the THREE DAY NOTICE TO PAY RENT OR QUIT, of which this is a true copy, on [INSERT TENANT’S NAME EXACTLY AS WRITTEN ON THE 3 DAY NOTICE AND LEASE], And All Other Tenants-in-Possession and any other persons in possession listed above as follows:
[☐]On [CHOOSE DATE], I delivered the THREE (3) DAY NOTICE TO PAY RENT OR QUIT to the occupant personally.
[☐]On [CHOOSE DATE],I delivered the THREE (3) DAY NOTICE TO PAY RENT OR QUIT to a person of suitable age and discretion at the occupant's residence/business after having attempted personal service at the occupant's residence, and business, if known. On the same day, I mailed a second copy to the occupant at his or her residence.
[☐]On [CHOOSE DATE], I posted the THREE (3) DAY NOTICE TO PAY RENT OR QUITin a conspicuous place on the property, after having attempted personal service at the occupant's residence, and business, if known, and after having been unable to find there a person of suitable age and discretion. On the same day, I mailed a second copy to the occupant at the property.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
______
[INSERT NAME OF PERSON SERVING THE 3 DAY NOTICE]
Date: [INSERT DATE NOTICE WAS SERVED]
THREE DAY NOTICE TO PAY RENT OR QUIT & ACCOMPANYING PROOF OF SERVICE
INSTRUCTIONS
- This form is to be used by landlords in California when the tenant has stopped paying the rent.
- Enter the tenant(s) full name as it appears on the written rental agreement. If the Agreement was oral, enter the full name of the tenant(s).
- Insert the date that the rental agreement was signed, or the date that the tenancy began.
- Insert the exact property address, including any unit numbers. For example, 123 Main St, Unit 24, Los Angeles, CA 90071.
- Insert the county. For example, Los Angeles.
- Insert the total amount of rent due. Do not include any late charges or utility charges. Do not include rent that is over 1 year old.
- Insert the day of the month when the rent is due. This is usually the first day of every month.
- Insert the months that the unpaid rent is due. For example, if the total rent due (from number 6, above) is $3,000, and rent is $1,000 per month, then you might include in this section the following: April 2012 through June 2012.
- Insert the landlord/agent name as stated in the rental agreement.
- Insert the landlord/agent full address where payments are to be made.
- Insert the days/times when the payment may be made.
- Insert the landlord/agent phone number.
- Insert the date that the notice is being served.
- Sign your name.
- Print your name.
- Make copies. Keep the original.
On the proof of service, you may serve the notice in one of three different ways.
First, try to serve the notice on the tenant(s) personally. Knock on the door and give it to the tenant(s). Check the first box on the proof of service. If the tenant(s) does not answer the door, then proceed to the second method.
Second, if the tenant does not answer, but a different adult answers the door, then give it to that person. On the same day, you should also mail the notice to the tenant(s). Send it certified with return receipt. Check the second box on the proof of service. If nobody opens the door, then proceed to the third method.
Third, if nobody opens the door, then take a copy of the notice to the front door. On the same day, you should also mail the notice to the tenant(s). Send it certified with return receipt. Check the third box on the proof of service.
Print your name, sign your name, and insert the date that you serve the notice.
The Proof of Service does not need to be given to the tenant, but it is required when the court process is started.
Form provided by the Law Office of David Piotrowski -