Our friends at the California Association of Legal Support Professionals (CALSPro) have alerted us to a decision published on June 26, 2025, by the California Court of Appeal’s Second Appellate Division in the matter of Eshagian vs. Cepeda. This decision clarified the requirements for a three-day notice to pay rent or quit under Code of Civil Procedure section 1161(2). The Court ruled that the landlord’s notice failed to meet statutory standards, rendering it insufficient for an unlawful detainer judgment.

According to CALSPro, the notice was deemed defective for the following reasons:

  1. Lack of Clear Eviction Warning: Although titled “3 Day Notice To Pay Or Quit,” the notice did not explicitly state that the landlord would repossess the premises if the tenant failed to pay rent within the three-day period. The title alone was insufficient to clearly and unequivocally notify the tenant of imminent eviction.
  2. Omission of Key Dates: The notice did not specify when the three-day period began or ended, nor did it clarify that weekends and judicial holidays are excluded from the period. While it included the date it was signed (December 19, 2022), it failed to indicate the service date (alleged as “on or about December 20, 2022” in the complaint). This lack of clarity prevented the tenant from understanding the precise deadline to pay rent or vacate.

Recommended Notice Language

To comply with the Eshagian ruling, CALSPro says landlords should ensure notices include:

  • A clear statement that failure to pay rent or vacate within the specified period will result in legal action to recover the premises.
  • The exact date of service to establish when the three-day period
  • A statement that the three-day period excludes Saturdays, Sundays, and judicial
  • Optionally, the exact expiration date of the three-day period, though miscalculating this date could invalidate the notice.

Sample Notice Language

Below is an example of compliant language provided by CALSPro 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 at [address] in the amount of $                           , for the period(s) of [specify month(s) and year and itemize rent due].

This notice was served on [exact date of service]. Within three (3) days after service of this notice, excluding Saturdays, Sundays, and judicial holidays, you must pay the full amount owed to [landlord/landlord’s agent] or vacate and surrender possession of the premises.

If you fail to pay the rent or vacate within the specified period, legal proceedings will be initiated to declare a forfeiture of your lease/rental agreement, recover possession of the premises, and seek a money judgment for the rent owed and damages for each day you occupy the premises after the period covered by this notice.

Broader Implications

While the Eshagian decision specifically addressed three-day notices to pay rent or quit, its reasoning may extend to other notices in unlawful detainer actions, such as:

  • Three-day notices to perform covenant or quit
  • Three-day notices to quit
  • Thirty- or sixty-day notices of termination of tenancy

Landlords should review and update all notice templates to ensure compliance with these clarified requirements, including precise service dates and clear consequences of non-compliance.

 

Disclaimer

This information is provided for general informational purposes only and does not constitute legal advice. Neither Legal Professionals, Incorporated, nor the California Association of Legal Support Professionals (CALSPro) are responsible for the content of this article nor for any actions taken based on its contents. For legal advice, consult a qualified attorney.