8 Steps to Preparing a 3-Day Notice of Eviction

Preparing a 3-day notice to pay rent or quit? Use this checklist to be sure that you get the form and content of the notice right. ___ Put it in writing, but signing is optional. Under CCP §1161, the 3-day notice to quit must be in writing; oral notice isn’t enough. But there’s no express requirement in CCP §1161 that the 3-day notice be signed. If the notice is prepared and served by someone other than the landlord, such as an attorney or agent, the landlord may be required to prove that he or she authorized the attorney or agent to serve the notice. ___ Describe the premises. The landlord should identify the premises with some specificity in the notice, although CCP §1161 does not expressly require a description. The unlawful detainer complaint that follows the notice must “describe the premises with reasonable certainty.” CCP §1166(a)(3). Because CCP §1161 requires that the notice demand the tenant’s surrender of…

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