3 day notice to pay or quit: the rules in three states
| California | Florida | Texas | |
|---|---|---|---|
| Period | 3 days, excluding Sat, Sun and judicial holidays | 3 days, excluding Sat, Sun and legal (court) holidays | 3 days, unless the lease says otherwise |
| Must state | Amount due; payee name, phone, address; days and hours, or bank/EFT details | Statutory wording with the amount, address and county, and the date | For a first-time late tenant: a notice to pay rent or vacate |
| Service | Personal; substituted + mail; post + mail | Mail, hand delivery, email under § 83.505, or leave at residence if absent | Mail; inside the premises; hand to a tenant 16+; electronic if agreed |
| Statute | CCP §§ 1161(2), 1162 | Fla. Stat. § 83.56(3), (4) | Prop. Code § 24.005 |
Worked example: counting a California 3-day notice
Served on Wednesday, October 14, 2026: day 1 is Thursday the 15th, day 2 is Friday the 16th, Saturday and Sunday do not count, and day 3 is Monday the 19th. The tenant has until the end of Monday, October 19 to pay. If a judicial holiday falls inside the window, add another day. Our calculator skips federal holidays and lists every day it skipped; check your court's calendar for state-only holidays.
Before you serve a pay or quit notice
- Use the rent ledger to confirm the exact amount and the period it covers.
- Check whether your state or city lets you include late fees or other charges. If unsure, demand rent only.
- Name every adult tenant, and serve each one the way the statute allows.
- Do not accept a partial payment without checking what that does to the notice in your state.
- Keep a copy, a proof of service and any mailing receipts together.
Not about rent? Use a cure or quit notice for lease violations, or a notice to vacate to end a month-to-month tenancy.

Frequently asked questions
Is a 3 day pay or quit legal in California?
Yes. Code of Civil Procedure § 1161(2) allows a 3-day notice to pay rent or quit, counting 3 days but excluding Saturdays, Sundays and judicial holidays. The notice must state the amount due and who to pay, with their phone number and address and the days and hours for in-person payment (or bank or electronic transfer details).
Do weekends count in a 3 day notice?
In California and Florida, no: both statutes exclude Saturdays, Sundays and legal holidays from the 3 days. In Texas the 3-day notice to vacate under Property Code § 24.005 counts calendar days, unless the lease sets a different period.
What happens after a 3 day eviction notice in Florida?
If the tenant does not pay within 3 days (excluding weekends and court holidays) after delivery, the landlord may terminate the rental agreement and file an eviction action (Fla. Stat. § 83.56(3)). If the landlord accepts partial rent after posting the notice, § 83.56(5) requires a receipt, a court deposit, or a new 3-day notice.
Can I get a free form for a California 3-day notice to pay or quit?
Yes, the builder above is free and produces a PDF with the information § 1161(2) requires. The California courts' self-help site also explains the notice types.
How to fight a 3 day eviction notice as a tenant?
Read the notice carefully: check the amount, the deadline and how it was served, and contact your local legal aid office or court self-help center quickly. A notice is not a court order, and only a court can order an eviction. This site is for preparing notices and does not give legal advice.
Which states use a different rent notice period?
Among the states we verified: Arizona 5 days, New York 14 days, Virginia 14 days, and Washington 14 days on a mandatory statutory form. See the state rules page for each citation.
More free landlord tools
- Rent Receipt Maker
Free rent receipts in Word and PDF
- Lease Agreement Builder
State-specific residential lease agreements
- Rental Application Maker
Rental application forms for screening tenants
Last updated · Written by the EvictionNoticeMaker editorial team and checked against the official state statutes cited on each page. Templates and general information, not legal advice.