California Notice to Perform Covenant or Quit

A California notice to perform covenant or quit is the topic of this article. This alternate form of California three-day notice is also known as a three-day notice to perform or quit, and a three-day notice to cure or quit.

A California landlord who contends that a tenant is violating a material term of a lease or rental agreement can commence the unlawful detainer also known as eviction process by serving the tenant with this alternate form of three-day notice known as a three-day day notice to perform covenant or quit.

A landlord would use this notice if they contend that a tenant is violating terms in the lease or rental agreement and the problem can be fixed. For instance, if the tenant has moved in a pet into the unit without permission, is not keeping the unit clean, or is violating some other term of the agreement, the notice must ask the tenant to correct the violation within 3 days or move out.

A three-day notice to perform covenant or quit in California must meet certain requirements. The notice must be in writing; must state the full name of the tenant or tenants; must have the address of the rental property; must state what the tenant did to violate the lease or rental agreement, and contain a very particular statement as to the specific provision in the lease or rental agreement that has been violated; must state that the tenant has the chance to fix the problem or move out in 3 days; and must be signed by the landlord or his or her agent and state the date of the notice.

California tenants who have been served with a 3 day notice to perform covenant or quit should carefully review the notice to determine if the notice meets the requirements discussed in this article.

The law in California states that, if the breach alleged is nonperformance of conditions or covenants, the plaintiff must allege in the complaint the particular conditions or covenants, neglect or failure to perform, service of a 3-day notice requiring performance or possession, failure to perform within 3 days, and continued possession, pursuant to Code of Civil Procedure Section 1161[c](3).

A California Court of Appeal has stated that a trivial breach of a condition or covenant will not support a termination, and the tenant may raise substantial performance as an equitable defense to any unlawful detainer action.

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Yours Truly,

Stan Burman