Quick Answer
A California 3-day notice to perform covenant or quit is used by landlords to allege a curable lease violation, unauthorized occupants, unauthorized pets, noise, unauthorized alterations, or other breaches. Under Code of Civil Procedure section 1161(3), the tenant has 3 days to either cure the violation or vacate. A 3-day notice to quit (without the option to cure) is used for non-curable violations like nuisance, illegal use, and waste.
Key Takeaways
- The notice must specifically describe the alleged lease violation, vague allegations are defective.
- The violation must be a legitimate, material breach of the written lease.
- The tenant has 3 days to cure (fix) the violation or vacate.
- If the alleged violation is not actually curable, the landlord must use a 3-day notice to quit instead, using the wrong type of notice defeats the eviction.
- Defenses include: vague allegations, violation not material, violation not actually occurring, retaliation, waiver, or estoppel.
What a 3-day notice to perform covenant or quit must contain
Under California Code of Civil Procedure section 1161(3), a 3-day notice to perform covenant or quit must:
- Specifically describe the alleged lease violation, vague language like “you violated the lease” is not enough.
- Identify the specific lease provision allegedly breached.
- Provide enough detail that the tenant can identify exactly what conduct is alleged and exactly how to cure it.
- State that the tenant has 3 days to either perform (cure) the violation or vacate.
- Be served personally, by substituted service, or by posting and mailing.
Common lease violations alleged in 3-day notices
- Unauthorized occupants: roommates, partners, or family members not on the lease.
- Unauthorized pets: animals not approved by the landlord (subject to fair housing laws regarding emotional support animals and service animals).
- Noise complaints: alleged disturbances of other tenants or neighbors.
- Unauthorized alterations: painting, structural changes, installation of fixtures.
- Smoking in non-smoking units.
- Unauthorized commercial use: running a business from a residential unit.
- Failure to maintain renter’s insurance (if required by lease).
3-day notice to quit (non-curable) — Code of Civil Procedure 1161(4)
Some lease violations are considered non-curable by statute. For these, the landlord uses a 3-day notice to quit with no option to cure. The notice must describe the conduct and state that the tenant has 3 days to vacate. The categories of non-curable violations include:
- Nuisance: conduct that unreasonably interferes with the use of the property by other tenants or neighbors.
- Illegal activity: use of the premises for unlawful purposes (drug sales, manufacturing, prostitution).
- Waste: destructive conduct that materially damages the property.
- Unlawful subletting in certain circumstances.
- Domestic violence by a tenant against another resident in some local ordinances.
A landlord who serves a 3-day notice to quit for conduct that is actually curable has used the wrong notice type, and the eviction can be defeated on that basis.
Defenses to a 3-day notice to perform or quit
- Vague allegations. If the notice does not specifically describe the violation, the tenant cannot meaningfully cure, and the notice is defective.
- Not a material breach. Minor or technical violations of the lease do not justify forfeiture.
- Violation did not occur. The factual allegations are wrong.
- Waiver. If the landlord accepted rent or continued the tenancy after knowing about the alleged violation, the violation may be waived.
- Estoppel. If the landlord previously approved the conduct (e.g., a previous owner allowed pets), the new landlord may be estopped from enforcing differently.
- Reasonable accommodation. If the alleged violation involves disability-related conduct (emotional support animal, mobility aids, modifications), the landlord may have a duty to accommodate under FEHA and FHA.
- Retaliation. If the notice was issued within 180 days of protected activity, retaliatory eviction is a defense.
- Improper service. Defective service voids the notice.
How to cure within 3 days
- Identify exactly what is alleged. Read the notice carefully. If it is vague, document that.
- If you can cure, do so promptly. Remove unauthorized pets, ask unauthorized occupants to leave, restore alterations, comply with the lease.
- Document the cure. Photographs, text messages, and written communications showing compliance.
- Notify the landlord in writing. Send a dated, written statement that you have cured the violation, with supporting documentation.
- Keep paying rent. A cured violation plus continued rent payment generally ends the matter.
What happens if the 3 days expire without cure
The landlord can file an unlawful detainer. The tenant has 10 court days from personal service of the Summons and Complaint to file an Answer. See our guide to what to do when served. All of the defenses listed above can be raised in the Answer.
Related guides
- I got served eviction papers, what to do now
- 3-day notice to pay or quit
- Retaliatory eviction defense
- Looking for a Los Angeles eviction defense attorney? Our main tenant defense page covers the full eviction defense playbook.
- Eviction Defense Information Hub: comprehensive topic index for California tenants.
- What Happens After You File Your Answer
- How Long Does an Eviction Case Take in LA
- Neighborhood guides: Santa Monica, West Hollywood, Long Beach, Hollywood, Downtown LA
Skip to content