A three-day notice is the written notice California requires before a landlord can file an eviction case for unpaid rent or for most lease violations. Under Code of Civil Procedure § 1161, the three days exclude Saturdays, Sundays and judicial holidays, so a notice can run a week or more. A pay-or-quit notice must state the amount due and exactly how and to whom to pay it, and it must be served by one of the methods in CCP § 1162.

At a glance

ItemRule
LawCode of Civil Procedure §§ 1161, 1162; Civil Code § 1946.2(c) for just-cause tenancies
TypesPay rent or quit (§ 1161(2)); perform covenant or quit, also called cure or quit (§ 1161(3)); quit with no cure (§ 1161(4))
CountingThree days, excluding Saturdays, Sundays and other judicial holidays
Pay-or-quit contentsAmount due; name, phone number and address of the person to pay; a payment method (in person days and hours, a bank account within five miles, or an established electronic transfer)
TimingA pay-or-quit notice may be served any time within one year after the rent became due
ServicePersonal delivery; substituted service plus mailing; or posting, delivery to a resident if one can be found, plus mailing (§ 1162)
FeesNo fee may be charged for serving, posting or delivering the notice (§ 1161(6))
Just-cause tenanciesA curable violation needs a cure notice first (§ 1946.2(c))
Last changed§ 1161 text amended by SB 611, operative February 1, 2025; judicial holidays changed by AB 268, effective January 1, 2026

What the law says

The three kinds of three-day notice

NoticeWhen it is usedCan the tenant fix it?
Pay rent or quit, § 1161(2)Rent is due and unpaidYes, by paying the amount due within the three days
Perform covenant or quit, § 1161(3)The tenant broke a lease term that can be correctedYes. The tenant, a subtenant, a mortgagee or another interested person may cure within the three days and save the lease
Quit, § 1161(4)Assigning or subletting contrary to the lease, committing waste, nuisance, or unlawful useNo cure is offered

Default in the payment of rent is an at-fault just cause under Civil Code § 1946.2(b)(1)(A), and the pay-or-quit notice is the notice used for it.

How to count the three days

The statute says "three days' notice, excluding Saturdays and Sundays and other judicial holidays, in writing." Under the general rule for computing time in CCP § 12, the first day is excluded and the last day included, so the day of service is not counted. In practice:

  1. The day the notice is served is day 0.
  2. Count forward, skipping every Saturday, Sunday and judicial holiday.
  3. The third counted day is the last day to pay or cure.

Examples using the court holiday calendar:

  • Served Friday, November 6, 2026: Monday the 9th is day 1, Tuesday the 10th is day 2, Wednesday the 11th (Veterans Day) is skipped, and Thursday, November 12 is day 3.
  • Served Wednesday, November 25, 2026: Thanksgiving and the day after are both judicial holidays, then the weekend. Day 1 is Monday, November 30, and day 3 is Wednesday, December 2.
  • Served Wednesday, December 23, 2026: day 1 is Thursday the 24th, Christmas and the weekend are skipped, and day 3 is Tuesday, December 29.

The notice period calculator applies these rules to a service date.

Which days are judicial holidays

Under CCP § 135, judicial holidays are the full-day state holidays in Government Code § 6700 plus Thanksgiving, with some state holidays excluded. Every Saturday and the day after Thanksgiving are also judicial holidays. Lunar New Year, Diwali, Genocide Remembrance Day (April 24), Admission Day (September 9) and Columbus Day are state holidays but not judicial holidays, so courts are open and those days count.

Court holidays published by the Judicial Council:

2026 (rest of year)2027
Wed Nov 11 (Veterans Day)Fri Jan 1, Mon Jan 18, Fri Feb 12, Mon Feb 15
Thu Nov 26 (Thanksgiving)Fri Apr 9 (Farmworkers Day, see below), Mon May 31
Fri Nov 27 (day after Thanksgiving)Fri Jun 18 (Juneteenth observed), Mon Jul 5 (Independence Day observed)
Fri Dec 25 (Christmas)Mon Sep 6, Fri Sep 24, Thu Nov 11
Thu Nov 25, Fri Nov 26, Fri Dec 24 (Christmas observed)

The 2027 Farmworkers Day entry is unresolved: the court calendar lists Friday, April 9, 2027, while the statute fixes the holiday on March 31 (a Wednesday in 2027), and neither CCP § 135 nor Government Code § 6701 explains the April date. A cautious count treats both days as non-counting; confirm with counsel for a notice that spans either date.

What a pay-or-quit notice must contain

Under § 1161(2), the notice must be in writing, demand payment or possession, and state:

  • The amount that is due.
  • The name, telephone number and address of the person to whom rent is to be paid.
  • One payment method, chosen from the three below.

The three payment-method options are:

  1. If payment may be made in person, the usual days and hours that person is available to receive it.
  2. The number of an account at a financial institution, with the institution's name and street address. The institution must be within five miles of the rental.
  3. If an electronic funds transfer procedure was previously established, a statement that payment may be made that way.

If the address given does not allow personal delivery, rent mailed by the tenant to that name and address is conclusively presumed received on the date posted, if the tenant can show proof of mailing. The notice must be served on the tenant and on any subtenant in actual occupation.

How a three-day notice is served (§ 1162)

For residential tenants, CCP § 1162 allows three methods:

  1. Personal delivery to the tenant.
  2. Substituted service: if the tenant is absent from both home and usual place of business, leave a copy with a person of suitable age and discretion at either place, and mail a copy to the tenant at the residence.
  3. Post and mail: if the residence and business cannot be found, or no suitable person can be found there, post a copy in a conspicuous place on the property, deliver a copy to a person residing there if one can be found, and mail a copy to the tenant at the property address.

Subtenants may be served the same ways. Neither § 1161 nor § 1162 says whether substituted service or posting and mailing adds days to the three-day period, and this page does not add any. If you are relying on a method other than personal delivery, ask a California attorney how the period runs.

AB 747 (Stats. 2025, ch. 563) does not change three-day notice service. Its rule requiring three attempts on three different days at three different times applies to substituted service of a summons and complaint under CCP § 415.20, starting January 1, 2027 (see the eviction process).

Cure first in just-cause tenancies (§ 1946.2(c))

Where Civil Code § 1946.2 applies (generally after 12 months of occupancy, unless an exemption applies), an owner must give notice of a curable lease violation with an opportunity to cure under § 1161(3) before serving a just-cause termination notice. Only if the violation is not cured within the notice period may a three-day notice to quit without an opportunity to cure be served. Any just-cause termination notice must state the just cause. See just-cause eviction.

When a three-day notice is not allowed or not enough

  • Cited substandard units. A landlord may not serve a three-day notice to pay rent or quit if the unit substantially lacks a § 1941.1 habitability standard (or is substandard to a dangerous extent), a public officer has inspected it and given written notice to repair, the conditions remain unabated 35 days after service of that notice without good cause, and the tenant did not cause them (Civil Code § 1942.4).
  • Retaliation. Within 180 days after a good-faith repair complaint, a retaliating landlord may not recover possession of a tenant who is not in default on rent. A landlord may still act within that period if the notice states the ground on which the landlord acts in good faith (Civil Code § 1942.5(g)).
  • Abandonment. A notice of belief of abandonment under Civil Code § 1951.3 is not a three-day notice and does not satisfy §§ 1161 to 1162. A pay-or-quit notice may still be served separately.
  • Third-party payments. Accepting rent from a third party does not extend the due date or require accepting rent after the § 1161(2) notice period ends (Civil Code § 1947.3(a)(4)).

What owners should do

  • Fill in every required item on a pay-or-quit notice: the amount due, payee name, phone and address, and one payment method that matches how rent is actually paid.
  • If you list a bank account, confirm the branch is within five miles of the rental.
  • Count the three days with the court holiday calendar, not a plain calendar.
  • For just-cause tenancies, serve a cure notice for a curable violation before any notice to quit.
  • Record who served the notice, how, when and where.
  • Do not charge the tenant a fee for serving, posting or delivering the notice.

What tenants should know

  • Check that the notice states the amount due, who to pay, and how. Pay within the three counted days if you can, and keep proof.
  • If you mail rent to an address where personal delivery isn't possible, keep proof of mailing.
  • A cure notice gives you three counted days to fix the violation and save the lease.
  • A notice is not an eviction. Only a court case can lead to removal, and lockouts and utility shutoffs are unlawful (see retaliation, harassment and lockouts).

Step-by-step guides

For the practical side of this rule, see these guides in the California Rental Handbook:

Local rules

Some California cities add notice requirements on top of state law. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents); see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.

Recent and upcoming changes

  • February 1, 2025: current § 1161 text operative (SB 611, Stats. 2024, ch. 287).
  • January 1, 2026: AB 268 (Stats. 2025, ch. 358) amended CCP § 135 so that Diwali is not a judicial holiday; it counts as a normal day.
  • March 26, 2026: AB 2156 (Stats. 2026, ch. 7) renamed March 31 Farmworkers Day.
  • January 1, 2027: AB 747 summons-service rules take effect; they do not apply to three-day notices. Whether any 2026 bill changes §§ 1161 or 1162 for 2027 has not been confirmed; recheck before January 1, 2027.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

Frequently asked questions

Do weekends count in a California 3-day notice?

No. CCP § 1161 excludes Saturdays, Sundays and other judicial holidays. A notice served on a Friday, with no holidays nearby, ends on the following Wednesday.

Does mailing or posting a 3-day notice add extra days?

The statutes do not say. Neither § 1161 nor § 1162 states whether substituted service or posting and mailing adds days, and whether the mail extension in CCP § 1013 applies to these notices has not been confirmed. Ask a California attorney before relying on any extra days.

Can a pay-or-quit notice be served for rent that is several months old?

A § 1161(2) notice may be served at any time within one year after the rent becomes due.

Is Diwali or Columbus Day skipped when counting?

No. Both are state holidays but are excluded from the list of judicial holidays in CCP § 135, so courts are open and those days count. The same applies to Lunar New Year, April 24 and September 9.

Do I need a cure notice before a notice to quit?

For a tenancy covered by Civil Code § 1946.2, yes, if the violation is curable: the owner must first give a § 1161(3) notice with an opportunity to cure. If the breach cannot be cured, § 1161(3) says no cure notice is needed.

Sources

Verified October 19, 2026.

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