San Diego, CA asked in Landlord - Tenant for California

Q: CCP that is Applicable to 3 Day Notice To Perform or Quit-does CCP detail what must be stated in 3 Day Notice To P-or-Q?

I was wondering what Code of Civil Procedure is applicable to a 3 Day Notice To Perform or Quit.There are a few different 3 Day Notices, and I was wondering what specifically must be included in a 3 Day Notice To Perform Or Quit? Thank You

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James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, the Code of Civil Procedure relevant to a 3 Day Notice to Perform or Quit is primarily found in Section 1161. This statute outlines the legal requirements for eviction notices, including those based on a tenant's failure to comply with the terms of the lease or rental agreement. For a 3 Day Notice to Perform or Quit specifically, the law dictates that the notice must clearly detail what lease terms have been violated and what the tenant must do to correct the issue.

In your 3 Day Notice to Perform or Quit, you need to include specific information: the exact breach of the rental agreement, instructions on how to remedy the breach, and the timeframe in which the tenant must act. The notice must also state that failure to resolve the issue within three days will result in legal action to evict the tenant. It is crucial to ensure that all information is accurate and clearly presented to avoid any legal complications.

Additionally, the notice must be properly served to the tenant. This can be done through personal delivery, leaving it with someone of suitable age at the residence, or by posting and mailing if no one is available to receive the notice. Remember, the way you serve the notice can affect the eviction process. Compliance with all legal requirements is essential to uphold the validity of the notice and to protect your rights as a landlord.

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