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| 3-Day Notices
There are three types of 3-day notices a landlord can give a tenant. All three notices must:
List the correct address.
State the tenant’s name.
Be dated.
Be signed.
Be properly served.
If any of the above items are missing or if the method of service is incorrect, the notice may be void.
Type 1: Failure to Pay Rent
If the tenant has not paid the rent on time, the landlord may serve the tenant a written 3-day notice to pay or quit. In addition, a 3-day notice to pay rent must also include:
The exact amount of rent due
A statement to pay rent or vacate the unit.
If the tenant pays the full amount owed within the 3-day period, the landlord must accept the money and stop the eviction. However, if the tenant offers the rent after the three-day period, the landlord may reject the money and still evict the tenant. If the landlord accepts all or even part of the asked rent, then the eviction should be stopped.
Type 2: Correctable Breach of Rental Agreement
A landlord can also give a 3-day notice if a tenant violates any part of the rental agreement, such as loud parties, owning pets when prohibited by the agreement. This notice must:
State exactly what part of the rental agreement is being violated.
Include a statement to correct the violation or vacate the unit.
If the tenant corrects the violation within the three days, such as removing the pet from the premise, the eviction is stopped. However, if the tenant again violates the agreement within a reasonable period of time, such as having more loud parties or bringing the pet back, then the eviction may start against the tenant without another 3-day notice being served.
Type 3: Non-Correctable Breach of Rental Agreement
If the landlord believes the tenant is wrecking the unit, creating a "nuisance", or using the unit for illegal purposes, then the landlord may serve this type of notice. This notice must:
State exactly what part of the rental agreement is being violated.
In order for the landlord to use this type of 3-day notice, the violation must be very serious.
Timeline for the 3-Day Notice
The three day period begins on the day after the notice is properly served. If the third day falls on a Saturday, Sunday, or court holiday, the tenant has until the end of the next business day to comply with the notice.
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