A 3-Day Eviction Notice (also called a 3-Day Notice to Pay Rent or Quit) is a formal legal document served by a landlord on a tenant, demanding that the tenant either pay overdue rent, cure a lease violation, or vacate the rental premises within three calendar days. It is the mandatory first step in the legal eviction process in many states, and failure to serve a proper notice will result in dismissal of any subsequent unlawful detainer action.

The 3-day notice period is specifically authorized by the landlord-tenant statutes of states including California (Cal. Code of Civil Procedure Section 1161), Nevada (NRS 40.253), Florida (Fla. Stat. Section 83.56(3)), and Arizona (A.R.S. Section 33-1368(B)). In California, recent legislation under AB 2179 and the Tenant Protection Act of 2019 (AB 1482) imposes additional requirements on 3-day notices, including precise calculation of amounts owed and exclusion of late fees from the demanded amount. The notice must comply exactly with state statutory requirements regarding content, format, and method of service, as even minor defects can invalidate the notice and force the landlord to restart the process.

Service of a 3-day notice must follow state-specific procedures. California Civil Code Section 1162, for example, permits personal service, substituted service (leaving a copy with a person of suitable age at the premises), or posting and mailing if personal service is unsuccessful. The three-day period typically excludes the day of service, weekends, and court holidays, though this calculation varies by jurisdiction.

A 3-Day Eviction Notice is required in specific circumstances dictated by state law. The most common trigger is non-payment of rent, where the tenant has failed to pay rent by the due date and any applicable grace period has expired. In California, the notice must demand only the actual rent due, excluding late fees, utility charges, or other amounts per CCP Section 1161(2).

Other situations requiring a 3-day notice include material lease violations such as unauthorized occupants, unauthorized pets in a no-pet property, conducting illegal activity on the premises (which may constitute a non-curable violation in many states), causing substantial damage to the property beyond normal wear and tear, and creating a nuisance that interferes with other tenants' quiet enjoyment of their units.

Landlords managing multi-unit properties should be particularly careful with 3-day notices during local rent moratoriums or emergency orders, which some jurisdictions enacted during the COVID-19 pandemic and which may still have lingering effects on notice requirements. Additionally, properties covered by Section 8 housing vouchers have specific HUD notice requirements that may override state timelines. Serving an improper 3-day notice not only wastes time but can expose landlords to wrongful eviction claims, tenant harassment allegations under local rent ordinances, and potential liability for attorney fees if the tenant successfully defends the subsequent unlawful detainer action.

A legally valid 3-Day Eviction Notice must contain several mandatory elements, and omitting any one of them can render the notice defective. First, the full legal name of every adult tenant named on the lease must appear on the notice, as serving a notice that omits a named tenant may allow that person to contest the eviction. Second, the complete property address including unit number must precisely match the address on the lease agreement.

Third, the specific reason for the notice must be clearly stated. For non-payment notices, the exact amount of rent owed must be calculated accurately, broken down by month, and must not include late fees, damages, or other charges in states like California (per CCP Section 1161). Fourth, the notice must state whether the violation is curable (the tenant can fix the problem) or non-curable (the tenant must vacate regardless), as this distinction affects the tenant's rights under state law.

Fifth, the notice must specify acceptable methods and locations for rent payment or cure, such as a specific mailing address, office location, or electronic payment portal. Sixth, a clear statement of consequences must warn that failure to comply within three days will result in the landlord initiating unlawful detainer proceedings. Seventh, the date of service must be documented, as the three-day clock starts running the day after service. Eighth, proof of service should be maintained through a process server's declaration or a signed affidavit of service. Ninth, the notice must comply with any local ordinance requirements, such as providing information about tenant legal aid services (required in cities like Los Angeles and San Francisco). Finally, the landlord's signature and contact information authenticate the notice.