§2.01 General Notice Requirements

Generally, an unlawful detainer action is preceded by service of a notice to the tenant:

• A 3-day notice to pay or quit,
• A 3-day notice to perform or quit,
• A 3-day notice to quit,
• A 60-day notice to terminate—effective January 1, 2007, for a residential tenancy of one year or more, or
• A 30-day notice to terminate—for any commercial tenancy, for any residential tenancy during 2006, and for any residential tenancy of less than one year effective January 1, 2007.

[See CC §§789, 1946, 1946.1(b)–(c) (eff. 1/1/07); CCP §1161; Saberi v Bakhtiari (1985) 169 CA3d 509, 514.]

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Although no particular format is required for the notice, it must be in writing and must be stated in the alternative if it is for a curable breach, to give the tenant an opportunity to cure the default. [See CC §§1946, 1946.1; CCP §1161(2)–(3).] The landlord may not file the UD complaint until the time limit for the tenant expires. [See CC §790; Lamanna v Vognar (1993) 17 CA4th Supp 4, 7–8.]