The Right Way Under California Law and How to Avoid Costly Mistakes: Oliver John-Baptiste Breaks Down 3-Day Notice Compliance
Staying Compliant in a Changing Legal Landscape
Serving a 3-Day Notice to Pay Rent or Quit is one of the most important — and error-prone —steps in a rental housing provider’s legal toolkit. At AACSC’s recent training, Operational Advisor Oliver John-Baptiste guided members through the exact process of completing and serving these notices correctly under California law and new local regulations.
Oliver’s message was clear: the 3-Day Notice is a legal document, not a template, and even a small mistake can jeopardize an entire eviction case.
The Eshagian v. Cepeda Decision: A Turning Point
A major focus of the class was the Eshagian v. Cepeda appellate decision, which reshaped
how notices must be written and served. The ruling reinforced that strict compliance — not “substantial compliance” — is now the standard.
The notice must include the exact rent amount owed, stated both in longhand and numerals, along with the specific rental period (for example, “from January 1 to January 31, 2025”). The document must also specify that rent is due “within three business days, not including Saturdays, Sundays, or judicial holidays.” Any deviation from this phrasing could render the notice defective
What a Valid Notice Must Contain
Oliver outlined 10 essential elements that must appear on every 3-Day Notice to Pay Rent or Quit:
● Correct tenant name(s) as listed on the rental contract
● Full and accurate property address
● Exact rent amount owed, written in both longhand and numerals
● Rental period clearly stated
● The required “three business days” language
● Rent only (no late fees or other charges)
● Name of person rent is payable to
● Contact and payment information
● Proper method of service (personal service preferred)
● Date of service noted on both pages
Each step matters. As Oliver explained, “Precision is what makes a notice enforceable — not intent.”
City of Los Angeles and County Updates
The presentation also highlighted important local requirements in the City and County of Los Angeles.
In the City of Los Angeles, housing providers must now include:
● The number of bedrooms and Fair Market Rent (FMR)
● Right to Counsel (RTC) and Renter Protections postings
● A filed Eviction Coversheet with the LA Housing Department within three business days of serving the noticeFor Unincorporated Los Angeles County, housing providers must also comply with RSO
(Rent Stabilization Ordinance) updates and new wildfire-related tenant protections
Partial Payments: Proceed with Caution
One of the most common pitfalls occurs when a tenant offers partial rent during the notice period. While housing providers can technically accept partial payment, Oliver strongly discouraged it.
“If you accept even a dollar less than what’s owed,” he explained, “you must start the notice process all over again.” That means re-serving the notice for the remaining balance — adding delays and confusion to what should be a clear process.
Serving the Notice Correctly
Proper service is just as important as proper completion. Oliver reminded attendees that the only valid service methods under California law are:
1. Personal service,
2. Substitute service (delivery to a person of suitable age at the residence or place of business, plus mailing), or
3. Posting and mailing if no one is available after reasonable attempts.
Digital service — including email or text — does not qualify. Housing providers should always document every attempt and keep copies for their records.
Avoiding Common Mistakes
Many notices fail for small but critical errors. Among the most frequent:
● Including late fees or utilities in the rent total
● Leaving off the service date on one page
● Using outdated forms without the “business days” language● Failing to sign or date the notice
● Forgetting to note who rent is payable to
Attention to these details saves time, money, and potential legal headaches later
Practical Compliance Tips
Oliver encouraged members to always:
● Use AACSC’s most current forms, which reflect the latest legal language.
● Review notices line-by-line before serving.
● Maintain a file with proof of service and documentation for every notice.
● Seek guidance before acting if unsure about city or county requirements.
As he put it, “A notice that’s 99% correct is still 100% wrong in the eyes of the court."