There has been a significant recent development in California landlord-tenant law that directly affects the preparation and service of 3-Day Notices to Pay Rent or Quit and 3-Day Notices to Perform Covenant and/or Quit (Monetary Breach).
Court of Appeal Ruling – Notice Language Requirements
The California Court of Appeal has issued a new ruling requiring that all 3-Day Notices for monetary breaches must now include language understandable to an “ordinary tenant” and must clearly allow the tenant to calculate the deadline to comply. This is a shift toward plain language notices and requires greater specificity and clarity in how deadlines are presented.
Effective immediately, the person serving the notice must write the exact date of service on the notice itself. This is not optional. Notices that fail to do this risk being deemed defective and unenforceable.
CARES Act Compliance – 30-Day Requirement
In addition, stricter enforcement is now in place regarding properties subject to the federal CARES Act. This includes:
Federally Financed Properties – Any property with a federally backed mortgage (Fannie Mae, Freddie Mac, FHA, USDA, VA, etc.).
Federally Assisted Housing Programs – Including but not limited to Public Housing, Section 8 (tenant or project-based), Section 202, Section 811, and other HUD-supported programs.
If your property falls into either category, you must now serve a 30-Day Notice to Pay Rent or Quit, not a 3-Day Notice.
