You can, but don't!

In California’s highly regulated landlord-tenant legal environment, serving a 3-Day Notice to Pay Rent or Quit (“Notice”) is a crucial first step in initiating an eviction for nonpayment of rent against a tenant. Although landlords can serve the Notice themselves, using a registered process server is a prudent decision that can protect landlord rights and minimizes delays in an eviction action.

1. Process Servers (Usually) Do it Right

Proper service of the Notice is an essential prerequisite to a landlord’s right to recover possession of their property. California Code of Civil Procedure § 1162 prescribes three methods for serving a 3-Day Notice: personal service, substituted service, and posting and mailing. Each method has strict requirements and must be executed precisely. Any deviation of service can invalidate the Notice and jeopardize the eviction case. Expect tenant attorneys to challenge improper service aggressively. Registered process servers are experts in serving Notices and once done they provide proof of service documenting when, where, how and to whom the Notice was served. Such documentation is important for when service is later challenged by a tenant.

2. Process Servers Get a Powerful Presumption

Most advantageously, California Evidence Code § 647 establishes that a proof of service by a registered process server creates a presumption of proper service. In Palm Property Investments, LLC v. Yadegar, the court concluded that service of a 3-Day Notice to Pay or Quit, coupled with a proof of service by a registered process server, carries evidentiary weight. The court held that unless a tenant presents credible rebuttal evidence, the presumption stands and the landlord prevails on the challenge. (Palm Property Investments, LLC v. Yadegar, 194 Cal.App.4 th 1419 (2011).) This means that absent evidence to the contrary a Process Server’s work is presumed to be valid by the court.

3. Using a Process Server is Efficient & Safer

Improper or delayed service of the Notice can cause an eviction case to be pushed back by weeks or even months. Registered process servers can help with the efficiency of the eviction by ensuring Notices are served promptly and in compliance with legal procedures the first time. This helps the eviction process to move forward without experiencing procedural setbacks relating to the Notice. Finally serving the Notice yourself can lead to a confrontation with the Tenant that can be at the least counter-productive or at the worst dangerous –safety first.

Conclusion

While serving a 3-Day Notice yourself may appear cost-effective, the potential risks and lack of a presumption usually outweigh the costs savings, especially in California where eviction laws are tenant friendly and procedurally strict. Having an experienced Landlord attorney like us on your side is critical.

Contact McLaughlin Sanchez at info@msllp.law or at 415-655-9753 for a no-cost call to see how we can be of help today!

Disclaimer: The information contained in this article is general in nature. Consult an attorney for advice with regard to any specific problem.

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Yes, and it got harder for Landlords (again)!

In a recent and controversial California Court of Appeals decision (Eshgian v. Cepeda (Super. Ct App. Div. No. 23APLC001479 (2025)) a California court made a critical change to 3-day notices for nonpayment of rent. The court’s ruling in Eshgian emphasizes the importance of precision in drafting 3-day notices to pay rent or quit. The need to have an attorney to handle your eviction case in California is more urgent than ever.

Impact of Eshigian

In Eshgian, the court examined the validity of a 3-day notice to pay rent or quit that the landlord served. Ultimately, the court found the notice defective for several reasons. But, shockingly, the court declared a new reason to find 3-day notices deficient: the notice failed to notify the tenant of the precise deadline to pay the overdue rent. Previously, a landlord’s service of a notice on the tenant was enough to let the tenant know when the three days commenced. Now after Eshigian, a landlord must explicitly state the deadline to pay the overdue rent in the notice.

Key Takeaways

According to the court, a landlord must tell a tenant in clear and unambiguous language the deadline they have to pay the rent demanded by a notice to pay rent or quit. Absent a statement in a notice of the exact deadline to pay the rent, a landlord carries the risk of having their notice deemed defective. Here are some of the requirements the court listed that must be in the notice:

You must state the deadline for paying the rent in the notice. The notice should specify the exact deadline date by which the tenant must pay the owed rent to avoid forfeiture of the lease. Any ambiguity to the deadline can lead to a tenant’s misunderstanding of their obligation on when to pay the notice rent amount, which could result in the tenant winning.

You must inform the tenant that, for counting the number of days they have to pay the rent demanded in the notice, they should exclude Saturdays, Sundays, and judicial holidays.

You must use language that puts the tenant’s option to comply with the notice in the alternative. Merely using the words “Pay or Quit” in the title of the notice is insufficient to place a tenant on notice that they are facing imminent eviction if they fail to comply with the notice. The body of the notice must inform the tenant that they have the option to “pay” or “quit.”.

Landlords must pay close attention to ensure their 3-day notices comply with the new criteria set by Eshgian. This includes clearly stating the deadline they have to pay the rent demanded in the notice (and that Saturdays, Sundays, and judicial holidays are excluded); language stating that the lease will be forfeited; and informing the tenant to whom to pay the rent, their telephone number, and where to pay (and if a landlord allows in-person payment, the dates and times the landlord will be available to accept personal delivery of the rent).

If a court finds that a notice is defective, the case is over and the landlord must start over from the beginning with a new notice to pay rent or quit. With California’s landlord-tenant legal landscape perpetually evolving in the tenants’ favor, it is more important than ever to make sure your notices are current and compliant with these new legal requirements. Remain proactive by consulting with McLaughlin Sanchez, LLP. We represent landlords only and we are dedicated to protecting your interests.

Contact us today for a no-cost call to see how we can be of help!

Disclaimer: The information contained in this article is general in nature. Consult an attorney for

legal advice with regard to your specific problem.