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Q.What are the new requirements for 3 Day Notices? (CA)

A.Effective January 1, 2002, landlords in California must include additional information on their Three-Day Notices to Pay Rent or Quit. These 3 Day Notices must now inform the tenant of the name, telephone number and address of the person to whom payment is to be made and the typical days and hours of that person's availabiliy (Code of Civil Procedure Section 1161). Three-day notices that do not include this information will be deemed defective.

If a landlord gives a defective three-day notice and then files an eviction lawsuit (summons and complaint) against the defaulting tenant, the tenant can then file a "demurrer" in response. If granted, the demurrer will result in the dismissal of the case, which n turn will force the landlord to go through the eviction process again-- starting with a proper Three Day Notice to Pay Rent or Quit.




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