Free California 3 Day Notice to Quit (Incurable) - PDF Download

Updated on May 15, 2024

The California 3-Day Notice to Quit (Incurable Breach) is a legal document that landlords use to inform tenants of an incurable breach of the rental or lease agreement. The tenant has three days to vacate the premises before the landlord starts legal proceedings. This document is in compliance with California’s Civil Procedure Code Section 1161(4) and provides the tenant with clear instructions regarding the eviction process.

Why Use This California 3-Day Notice to Quit (Incurable Breach)?

The notice serves an important role by:

  • Ensuring tenants are notified about violations that cannot be corrected, giving them a chance to vacate voluntarily.
  • Informing tenants about potential legal consequences if they fail to vacate the premises.
  • Helping landlords follow California’s legal requirements for eviction proceedings, making the process enforceable and fair.

How to Write This California 3-Day Notice to Quit (Incurable Breach)

  1. Date and Location: Record the date and location where the notice is being issued.
  2. Tenant Information: Provide the tenant’s name and lease details, such as:
    • Date and location of the signed agreement.
    • Names of the tenant(s) and landlord(s).
    • Description of the rented property (address, unit number, etc.).
  3. Breach Details: Describe the specific terms of the rental or lease agreement that the tenant has breached.
  4. Vacating Instructions: Instruct the tenant to vacate and surrender possession of the premises to the landlord within three days.
  5. Legal Consequences: Warn the tenant that failure to comply could result in legal action for eviction, damages, and additional costs.
  6. Signature and Contact Information:
    • The landlord or agent must sign the notice and provide their contact details.
    • Include a phone number or email for further communication.

California Laws

  • Calif. Code of Civil Procedure §1161(4)
  • Civil Code §1951.2

Frequently Asked Questions

Can this notice be served for any breach?

No, it’s specifically for violations that cannot be corrected.

Can the tenant appeal after receiving this notice?

The tenant can seek legal advice but must vacate the premises within three days.

Does this apply to both residential and nonresidential properties?

Yes, this notice can be used for both types of properties.

What happens if the tenant ignores the notice?

The landlord can proceed with eviction proceedings and claim damages and legal fees.

Is it necessary to involve a notary public for this notice?

Notaries aren’t required, but keeping detailed records of delivery is important for legal protection.


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