When rent is late in California, the lease controls any late fee, and the formal tool for collecting unpaid rent is a written three-day notice to pay rent or quit under Code of Civil Procedure § 1161(2), counted without Saturdays, Sundays or judicial holidays. Before that, most owners contact the tenant and, where it makes sense, agree on a written payment plan. What an owner may never do is lock the tenant out, remove belongings or cut off utilities to force the tenant out (Civil Code § 789.3).

The short version

  • Check the lease: the due date, any grace period and the late fee clause. California sets no statutory dollar or percentage cap on late fees; Civil Code § 1671(d) is the statutory test courts apply to late fee clauses.
  • Contact the tenant early and keep a written record of what was said.
  • A payment plan is a private agreement. No statute sets its terms, so put it in writing.
  • The § 1161(2) notice must state the amount due, who to pay and how, and may be served within one year after the rent became due.
  • No fee may be charged for serving the notice (§ 1161(6)).
  • Lockouts, utility shutoffs and removing a tenant's property to force a move are illegal under § 789.3.

Step by step

  1. Confirm the rent is actually late. Check the records, the due date and any grace period in the lease. Rent from a third party who signs the statutory acknowledgment must be accepted (Civil Code § 1947.3).
  2. Check whether rent is owed at all. A few rules stop or reduce rent (below).
  3. Contact the tenant. Ask when payment will arrive and confirm it in writing.
  4. Apply the late fee only as the lease allows. For how courts judge late fees, see late fees.
  5. Consider a written payment plan. State the amounts, dates and what happens if a payment is missed, and have both sides sign. Ask counsel how accepting a partial payment affects a notice you have already served.
  6. Serve a three-day notice to pay rent or quit. Follow the content and service rules below, and count the days with the notice period calculator.
  7. If the rent is not paid, the next step is court. Only an unlawful detainer judgment can end the tenant's possession. See the eviction process.

The three-day notice to pay rent or quit

Under CCP § 1161(2), the notice is three days' notice, "excluding Saturdays and Sundays and other judicial holidays," in writing. It must include:

ItemWhat to include
AmountThe amount that is due
Who to payThe name, telephone number and address of the person to whom rent is to be paid
How to payOne of: the usual days and hours that person is available to receive payment in person; an account number at a financial institution within five miles of the rental, with the institution's name and street address; or a statement that payment may be made by an electronic funds transfer procedure already set up
DemandPayment of the rent or possession of the home

Other rules to keep in mind:

  • Counting. Under the general rule in CCP § 12, the day of service is not counted. Skip every Saturday, Sunday and judicial holiday; the third counted day is the last day to pay. The three-day notices page lists the court holidays.
  • Service. Serve under CCP § 1162 (personal delivery, substituted service, or post and mail). Whether the last two add days is not stated in §§ 1161 or 1162; ask counsel.
  • Timing. The notice may be served at any time within one year after the rent becomes due.
  • No fee. You may not charge for serving, posting or delivering it (§ 1161(6)).
  • Just cause. Default in paying rent is an at-fault just cause under Civil Code § 1946.2(b)(1)(A), and the § 1161(2) notice is the notice used for it.
  • Successor owners. A new owner or manager who has not given the tenant the Civil Code § 1962 contact and payment information within 15 days of taking over may not serve a pay-or-quit notice for rent that accrued while out of compliance (§ 1962(c)). The tenant still owes that rent.

When rent may not be owed or collected

Check these before serving a notice:

  • Cited substandard conditions. Civil Code § 1942.4 bars demanding or collecting rent, or serving a three-day pay-or-quit notice, if all of these are true: the unit substantially lacks a basic habitability standard or is substandard to a dangerous extent; a public officer inspected it and notified the owner in writing to repair; the conditions stayed unabated 35 days after that notice was served, without good cause; and the tenant did not cause them.
  • Repair and deduct. Civil Code § 1942 lets a tenant deduct repair costs of up to one month's rent, no more than twice in 12 months, for untenantable conditions the landlord did not fix in a reasonable time after notice.
  • Bulk internet. From January 1, 2026, a tenant not allowed to opt out of a third-party internet subscription may deduct its cost from rent (Civil Code § 1942.8).
  • Disaster evacuation. During a mandatory evacuation order for a disaster, the tenant's rent obligation is discharged (Civil Code § 1941.9).
  • Servicemembers. Where rent is within a federal ceiling, a court must stay an eviction or adjust the lease if military service materially affects the ability to pay (50 U.S.C. § 3951). See military tenants.

What an owner must not do

  • No self-help. Civil Code § 789.3 prohibits, with intent to end the occupancy, interrupting any utility (whether or not you control it), changing locks, removing doors or windows, or removing the tenant's property without written consent. Damages include up to $100 for each day of violation, and at least $250 for each separate cause of action.
  • No harassment. Conduct meant to pressure the tenant out can violate Civil Code § 1940.2. See retaliation, harassment and lockouts.
  • No check fee, and limited cash demands. You may not charge a fee for paying by check, and you must allow at least one form of payment that is neither cash nor electronic funds transfer (§ 1947.3). After a bounced or stopped check, you may require cash for up to three months, with written notice and a copy of the returned item. For a bounced check, Civil Code § 1719 allows a service charge of up to $25 for the first check and up to $35 for each later check to the same payee.

Three rules worth knowing

Social Security hardship (AB 246). From January 1, 2026 until January 20, 2029, a tenant sued for nonpayment may raise "Social Security hardship" (benefits terminated, delayed or reduced through federal action or inaction) as a defense under Civil Code § 1946.3. If proven, the court stays the case; the tenant still owes the rent and, within 14 days of benefits being restored, must pay it or enter an agreed payment plan.

A due date tied to benefits. A request to change the rent due date because of a disability can be a reasonable accommodation request. The state regulation's own example is a tenant paid disability benefits on the 6th who asks to pay rent on the 6th (2 CCR § 12176(f)(8)). See reasonable accommodation requests.

Rent reporting. Many landlords must offer tenants the option of having positive rent payments reported to a credit bureau (Civil Code § 1954.07); an unpaid reporting fee is not grounds for eviction. A credit report may show an eviction case only if the landlord prevailed, as narrowly defined in Civil Code § 1785.13(a)(3). See rent payments and rent reporting.

For owners

  • Put the due date, grace period, payment methods and late fee in the lease. See the rent clause.
  • Use the same steps and timing for every tenant.
  • Keep a ledger, copies of messages, any payment plan and the proof of service. See keeping rental records.
  • Unpaid rent can be deducted from the deposit at the end of the tenancy (Civil Code § 1950.5(b)(1)), with the itemized statement due within 21 days after the tenant moves out.

For renters

  • Read any three-day notice carefully: the amount, who to pay and how. Pay within the three counted days if you can, and get a receipt; under Civil Code § 1499, you may require a written receipt for any payment.
  • If you lawfully deducted for repairs or withheld rent, keep your notice and receipts.
  • A notice is not an eviction. Only a court can order you to leave.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration requirements, so check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026, based on a review of its code's contents.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Frequently asked questions

How many days does a California tenant have to pay after a 3-day notice?

Three days, not counting Saturdays, Sundays or judicial holidays (CCP § 1161(2)). Under CCP § 12, the day of service is not counted. If a notice is served on a Friday, for example, the count starts on the following Monday, assuming no holiday falls in between.

Is there a grace period for rent in California?

The rent statutes discussed on this page do not set a grace period. Whether one exists, and how long it is, depends on the lease. The three-day notice period under § 1161(2) is a separate thing: it is the time the tenant has to pay after a valid notice is served.

Can a landlord charge a late fee in California?

Only if the lease provides for one, and the clause must hold up under Civil Code § 1671(d), the statutory test courts apply to residential late fees: in a residential lease, an agreed damages amount is valid only when actual damage would be impracticable or extremely difficult to fix. California sets no statutory dollar or percentage cap, and no specific percentage is approved by statute.

Can a landlord refuse a partial payment?

The statutes discussed on this page do not address whether an owner must accept partial rent, or how accepting part of the rent affects a three-day notice. Ask counsel before accepting a partial payment after serving a notice, and put any payment plan in writing.

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

Sources

Verified October 19, 2026.

Talk With a Local Property Expert

Ask your questions, get honest answers, and see if we’re the right fit — no commitment.

Schedule a Call