Notice to Perform Forms in California [Complete List]

This is a complete list of the types of tenant notices that can be sent, prior to an eviction process starting. These notices are commonly refered to as Notice to Perform or Quit or just Notice to Perform.

We'll only cover notices that don't deal with Covid Rent issues - this means the issue started (or rent was due) on October 1st, 2021 or later.

Keep in mind, for all of these notices there are specific rules requiring the landlord to deliver the notice in a legally correct way. Landlords are generally required to (a) physically hand a rental notice to the tenant in person or (b) post it to their door and mail them a copy. This is true even when the notice is delivered before a court case.

3-Day Notice to Pay Rent or Quit

• Usage: If the tenant is behind on rent
• Meaning: Asks the tenant to pay the rent within 3 days, or to vacate the property
• Detailed Requirements:
  • In writing
  • The full names of all tenants
  • The rental property address
  • The exact amount of rent owed
  • Statement that all past due rent must be paid within 3 days or the tenant must move out
  • The name, address, and phone number of the person that the tenant has to pay the rent to
  • Whether or not the tenant is allowed to pay the rent in person, the times and days the rent can be paid, and the address where the rent can be paid
  • Whether or not the tenant is allowed to pay the rent by mail, and the address where they can pay by mail

You can use this notice to demand unpaid rent while showing that this is a possible cause of eviction. If the tenant pays back the rent, the case will be considered resolved.

You cannot use this notice to ask for money owed for any other reason (unpaid utility bills, late fees, damage caused, non-rent agreements, etc.). This Notice to Pay or Quit must be given before the final Notice to Quit can be given (unless the tenant is not covered by the Tenant Protection Act).

3-Day Notice to Perform Covenants or Quit

3-Day Notice to Perform or Quit

• Usage: If the tenant has violated a rule listed in the lease (for example, bringing a pet when a pet is not allowed)
• Meaning: Asks the tenant to fix the issue, or otherwise vacate the property
• Detailed Requirements:
  • In writing
  • The full names of all tenants
  • The rental property address
  • The specific thing(s) the tenant did to violate the lease - include details as appropriate
  • Statement that the tenant must fix the issues or move out in 3 days

You can use the 3-Day Notice to Perform Covenants or Quit notice to demand the tenant start following (or fix an issue) rules that are laid out in a lease (these rules are called covenants). If the tenant fixes the issue and starts following the rules, the case will be considered resolved. In some cities, you must first send a cease and desist letter by mail before serving this formal complaint.

In some cases, you must give the tenant this notice (casually referred to as Notice to Perform or Quit), before giving them the next notice. This notice gives them the option to fix the issue and continue occupying the property, while the next notice does not give them that option. This Notice to Perform or Quit must be given before the next Notice to Quit can be given (unless the tenant is not covered by the Tenant Protection Act).

3-Day Notice to Quit

• Usage: The tenant has committed a serious lease violation (for example, selling drugs at the property) and must vacate the property. There is no option to fix the issue.
• Meaning: Asks the tenant to move out.
• Detailed Requirements:
  • In writing
  • The full names of all tenants
  • The rental property address
  • Statement of the behavior or action that the tenant has done to violate the lease that this notice to quit to be given
  • Statement that the tenant must move out in 3 days

The 3-Day Notice to Quit is often considered the final notice because it does not offer any option for the tenant to fix the issue other than to move out. This notice is generally given after one of the other notices above has been given and the issue has not been resolved. Many cities have city-specific regulations about when a 3-Day Notice to Quit can be used, and in general, you must have just cause to demand the tenant to move-out before their lease is up.

30-Day or 60-Day Notice to Pay Rent or Quit

• Usage: Ending a month-to-month tenancy without cause. In 2019, California passed a law making this not applicable to most rental units in the state, so you should research or consult an attorney whether or not 30 Day notices apply to your situation.
• Meaning: Notifies a tenant that you are ending their tenancy and they need to leave in a certain amount of time.
• Detailed Requirements:
  • In writing
  • The full names of all tenants
  • The rental property address
  • A statement that the month-to-month rental tenancy will end in 30 or 60 days depending on whether they've lived there for less than one year, or not.
  • A statement on picking up personal property
  • The just cause (the legal reason) for ending the lease
  • A statement that the tenant has the right to either (1) get relocation assistance from you or (2) does not have to pay the last month's rent (specify exactly how much that is)
  • The date they must move out by (assumed to be 30 days or 60 days, but often stated explicitly)

This notice (often referred to as just a 30 Day Notice) used to be a very common way to end a month-to-month lease agreement in California. However, the Tenant Protection Act of 2019 limited its use significantly, and as a result, most tenants are protected from this notice being a legal way to evict them.

90-Day Notice to Pay Rent or Quit (Section 8 Housing)

• Usage: Demands a tenant move out of Section 8 subsidized housing. You must have a just cause to make this demand.
• Meaning: Notifies a tenant of subsidized housing that they must move out.
• Detailed requirements (the notice must have this):
  • In writing
  • The date they must move out by
  • Just cause for eviction with details
  • Statement that if the tenant does not move out in 90 days, the owner may begin the process of evicting them in court
  • Statement that the tenant has 10 days to talk about the notice with the landlord, starting on the day the notice was delivered or served to them.
  • Statement that people with disabilities have the right to request accommodations to participate in a court hearing about their case
  • A statement on picking up personal property

How to Get These Notices Sent Correctly

This guide is a starting point to demystify the common "Notice to Perform or Quit" that many landlords talk about, but it's not the end. As you can see, there are a lot of notice types with different meanings and rules. It's important for a landlord to select the right type of notice to use when considering an eviction because selecting the wrong notice type can get the future eviction case thrown out, requiring the landlord to start all over.