Updated Requirements for Notices to Pay Rent or Quit Following Eshagian v. Cepeda
On June 26, 2025, the California Court of Appeal, Second Appellate District, issued a decision in Eshagian v. Cepeda, clarifying the statutory requirements for a three-day notice to pay rent or quit under California Code of Civil Procedure section 1161(2). The court held that the landlord’s notice was deficient, rendering it invalid for supporting an unlawful detainer judgment. This ruling establishes critical guidelines for landlords to ensure compliance with notice requirements.
Deficiencies Identified in the Notice
The court found the notice defective for the following reasons:
- Insufficient Eviction Warning: Despite the title “3-Day Notice to Pay Rent or Quit,” the notice failed to explicitly state that non-payment of rent within the three-day period would result in the landlord seeking to recover the premises. The title alone did not provide clear and unequivocal notice of the potential for eviction.
- Lack of Specific Dates: The notice omitted critical details regarding the three-day period, including:
- The start and end dates of the period.
- A clarification that weekends and judicial holidays are excluded from the three-day calculation.
- The exact date of service, with the complaint only vaguely alleging service “on or about December 20, 2022,” despite the notice being signed on December 19, 2022. This ambiguity prevented the tenant from understanding the precise deadline for compliance.
Recommended Notice Requirements
To align with the Eshagian ruling, landlords must ensure that three-day notices to pay rent or quit include:
- A clear and explicit statement that failure to pay the owed rent or vacate the premises within the specified period will result in legal action to recover the property.
- The precise date of service to establish the start of the three-day period.
- A statement clarifying that the three-day period excludes Saturdays, Sundays, and judicial holidays.
- Optionally, the exact expiration date of the three-day period, though landlords should exercise caution to avoid miscalculating this date, as errors may invalidate the notice.
Sample Notice Language
The following is an example of compliant language for a three-day notice to pay rent or quit:
THREE-DAY NOTICE TO PAY RENT OR QUIT
You are hereby notified that you owe rent for the premises located at [property address] in the amount of $[amount], for the period(s) of [specify month(s) and year, itemizing rent due].
This notice was served on [exact date of service]. Within three (3) days after service, excluding Saturdays, Sundays, and judicial holidays, you must pay the full amount owed to [landlord or landlord’s agent] or vacate and surrender possession of the premises.
Failure to pay the rent or vacate within the specified period will result in legal proceedings to declare a forfeiture of your lease or rental agreement, recover possession of the premises, and pursue a monetary judgment for the rent owed, plus damages for each day the premises remain occupied after the period covered by this notice.
Broader Implications for Unlawful Detainer Notices
While the Eshagian decision specifically addresses three-day notices to pay rent or quit, its principles may apply to other notices used in unlawful detainer actions, including:
- Three-day notices to perform covenant or quit.
- Three-day notices to quit.
- Thirty- or sixty-day notices of tenancy termination.
Landlords and property managers are advised to review and revise all notice templates to ensure compliance with these clarified standards, particularly regarding precise service dates and explicit statements of consequences for non-compliance.
Disclaimer
This information is provided for general informational purposes only and does not constitute legal advice. Attorney’s Certified Services is not responsible for the content of this document or for any actions taken based on its contents. For legal advice, consult a qualified attorney.
