What is the proper legal procedure for preparing and serving a "Notice to Pay Rent or Quit" to a tenant in California?

To properly serve a Notice to Pay Rent or Quit in California, you must prepare a written notice with specific required information and then deliver it to the tenant using one of three legally defined methods. This process is the first formal step in the eviction process for non-payment of rent. Here is the proper legal procedure: Step 1: Calculate the Exact Rent Due You must calculate the precise amount of rent owed. Do not include late fees, interest, or other charges unless your lease agreement explicitly defines them as "additional rent." Listing an incorrect amount can invalidate the entire notice, forcing you to start over. Step 2: Draft the "3-Day Notice to Pay Rent or Quit" The written notice must contain specific information as required by California Code of Civil Procedure Section 1161. Include the tenant's full name, the property address, the exact rent amount due, the specific dates the rent covers, a clear demand for payment within three days or moving out, and the name, phone number, and address of the person to whom rent can be paid, along with their usual hours of availability. Step 3: Serve the Notice on the Tenant You must use one of the three methods of service allowed under California Code of Civil Procedure Section 1162: 1. Personal Service: Hand the notice directly to the tenant. This is the best method. 2. Substituted Service: If the tenant is not home, you may leave the notice with a person of "suitable age and discretion" at the property and also mail a copy to the tenant at that address via first-class mail. 3. Posting and Mailing: If you cannot find the tenant or a suitable person, you may post a copy in a conspicuous place on the property (like the front door) and also mail a copy to the tenant at that address. This is a method of last resort. Step 4: Prepare a Proof of Service The person who serves the notice must complete and sign a "Proof of Service" form. This document details the date, time, and method of service (personal, substituted, or posting). This document is critical evidence if you later file an unlawful detainer (eviction) lawsuit. Important considerations: The three-day period begins the day after the notice is served. Do not count the day of service. You must include weekends and holidays in your count, but if the third day falls on a weekend or holiday, the tenant has until the end of the next business day to comply. Under the Tenant Protection Act of 2019, failure to pay rent is considered a "just cause" for eviction, so this notice is the correct first step. Note: Never accept partial rent after serving a notice, as this may cancel the notice and waive your right to evict for that rent period. Self-help evictions, such as changing the locks or shutting off utilities, are illegal. If the tenant does not pay or move out after three days, your only legal option is to file an unlawful detainer lawsuit in court. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.