Eviction Notice (3-Day / 30-Day / 60-Day) Legal Validity & Defect Checker
Scan an eviction or 'Pay or Quit' notice for fatal procedural defects that require a court to dismiss an Unlawful Detainer lawsuit.
1. Enter Your Case Details Runs in your browser
2. Your result Live Output
- Fatal Defect (Overstated Rent): 3-Day Notice to Pay or Quit includes late fees, utility charges, or repair bills (not purely base rent) — In California and many states, a 3-Day Pay or Quit notice that demands even $1 of late fees or non-rent charges is legally invalid and fatally defective.
- Fatal Timing Defect (CCP § 1161): Notice expiration counted Saturdays, Sundays, or judicial holidays in a 3-Day Notice period — Under Cal. Code Civ. Proc. § 1161(2), weekends and judicial holidays are excluded when calculating the 3-day cure period.
- Statutory Content Defect: Notice fails to state the exact name, phone number, address, or hours where rent can be paid — CCP § 1161(2) requires strict statutory payment instructions on the face of the notice.
- Insufficient Notice Period: Landlord gave a 30-Day No-Fault Notice even though all tenants have lived there 12+ months (60-Day required) — Under Cal. Civ. Code § 1946.1, tenancies of 1 year or longer require at least 60 days' written notice (and often 'Just Cause' under AB 1482).
- Invalid Service of Process: Notice was merely texted/emailed or taped to the door without mailing a second copy ('Nail and Mail') — Eviction notices cannot be validly served by text or email alone; posting on the door requires also mailing a copy.
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3. How the rule works
Who this is for
California tenants who have received a three-day, 30-day or 60-day notice and want to check it for common defects, and New York tenants who received a rent demand.
A defective notice can be a defense, but it does not make the dispute disappear. If you have been served with court papers, the response deadline is the most urgent thing on this page.
What to have ready
- The notice itself and the envelope it came in.
- A note of how it was delivered: in person, posted, mailed or emailed.
- Your rent ledger showing what was actually due.
- Any court papers, with the date you received them.
The rule
California Code of Civil Procedure § 1161(2) requires a three-day notice to pay rent or quit before an unlawful detainer for unpaid rent. Since 2019 the three days exclude Saturdays, Sundays and judicial holidays. The notice must state the amount due and the name, address and telephone number of the person to pay, and courts have held that it may demand only rent, not late fees or other charges. Notices must be served in one of the ways allowed by § 1162. For most tenancies covered by the Tenant Protection Act, Civil Code § 1946.1 requires 30 days' notice to end a month-to-month tenancy of under a year and 60 days for longer ones, and a just-cause reason after 12 months of occupancy.
In New York, RPAPL § 711(2) requires a written demand for rent giving at least 14 days to pay before a landlord can start a nonpayment case. In both states only a court can order an eviction; changing the locks or cutting off utilities is unlawful.
Read the official text:
- California Code of Civil Procedure § 1161
- California Code of Civil Procedure § 1162 (service)
- California Civil Code § 1946.1
- New York RPAPL § 711
Worked example: counting a California three-day notice
A notice demanding $2,150 of rent plus a $75 late fee is handed to the tenant on Friday, October 3, 2025.
Day 1: Monday Oct 6 (Saturday and Sunday are skipped) Day 2: Tuesday Oct 7 Day 3: Wednesday Oct 8 -> notice expires at the end of this day Problem: the $75 late fee is not rent. A notice that demands more than the rent due is open to challenge.
Common mistakes
- Ignoring a summons. In California a tenant has a short time to respond to an unlawful detainer (10 court days for cases filed from 2025), and missing it can mean a default judgment.
- Assuming a defect ends the case. A landlord can often serve a corrected notice and start again.
- Counting weekends in a California three-day notice served after 2019.
- Moving out because of a notice alone. Until a court orders it, you are not required to leave, though staying may carry costs if you lose.
Limits of this tool
- Notice rules vary by state and city; local just-cause ordinances often add requirements.
- The checklist covers common defects only. Whether a defect is fatal is decided by the court.
- Subsidised housing and mobile home tenancies have separate rules.
Sources were last checked in October 2026. Statutes are amended often; if the official text differs from this page, the official text controls.
4. Clear Next Steps & Statutory Action Plan
- Write down how and when the notice was delivered and keep the original and envelope.
- Check the amount, the counting of days, the payment details and the method of service.
- If you receive court papers, file a response before the deadline and contact legal aid or a court self-help center.
5. Frequently Asked Statutory Questions (Cal. Code Civ. Proc. § 1161; N.Y. RPAPL § 711)
Can a three-day notice include late fees?
California courts have held that a three-day notice to pay rent or quit may demand only rent that is actually due. Including other charges risks making the notice defective.
How long is a New York rent demand?
At least 14 days, in writing, under RPAPL § 711(2), before a nonpayment proceeding can begin.
Can a landlord change the locks?
No. In California and New York only a court order carried out by a sheriff or marshal can remove a tenant. Self-help evictions can expose the landlord to penalties.