Legal Definitions - three-day notice

A three-day notice is a formal written document used in landlord-tenant law. It is issued by a landlord to a tenant who has failed to pay their rent on time. This notice serves as a legal demand, giving the tenant a strict three-day period to either pay the full amount of overdue rent or move out of the rental property.

It is a critical first step a landlord must take before they can legally begin an eviction lawsuit (often called a "detainer action" or "unlawful detainer" suit) in many jurisdictions. For a three-day notice to be legally valid, it must meet specific requirements. These typically include:

• Proper Service: The notice must be delivered to the tenant in a legally prescribed manner, which often involves personal delivery, posting it conspicuously on the property, or a combination of methods, rather than just regular mail.
• Specific Content: It must clearly state the exact amount of rent owed, the period for which it is due, and provide contact information for where and how the payment should be made.
• Strict Timeline: The "three days" usually refers to business days, but this can vary by state or local law. The clock starts ticking once the notice is properly served.

If a three-day notice is not served correctly or lacks the required information, it can be deemed invalid, preventing the landlord from moving forward with an eviction based on that notice. Even if a tenant vacates the property after receiving a three-day notice, they may still be legally responsible for paying rent until the landlord finds a new tenant, provided the landlord makes reasonable efforts to do so. Conversely, if a landlord accepts any rent payment for a future period (not just the overdue amount specified in the notice) after issuing a three-day notice, they might inadvertently waive their right to evict the tenant based on that specific notice.

Examples:

• Example 1: Standard Overdue Rent

  Scenario: Maya rents an apartment, and her rent was due on the first of the month. By the 5th, she still hasn't paid. Her landlord, Mr. Chen, prepares a formal document stating that Maya owes $1,500 for the current month's rent and gives her three days to either pay this amount in full or vacate the apartment. He personally delivers this notice to Maya.

  Illustration: This is a classic application of a three-day notice. Mr. Chen is using it to formally demand the overdue rent from Maya, providing her with the legally mandated three-day window to resolve the issue before he can pursue further legal action like an eviction lawsuit.

• Example 2: Invalid Notice Due to Improper Service or Content

  Scenario: David is a tenant who is two weeks late on his rent. His landlord, Ms. Rodriguez, simply mails a letter to David's apartment stating, "Pay your rent or leave in 3 days." The letter doesn't specify the exact amount owed or provide a contact number for payment. David receives it but ignores it, knowing that in his state, landlords must personally deliver such notices or post them on the door and also mail them.

  Illustration: This example highlights the strict requirements for a valid three-day notice. Because Ms. Rodriguez failed to serve the notice properly (only mailing it) and did not include all the legally required information (exact amount, contact details), her notice is likely invalid. This means she cannot use this particular notice as the basis for filing an eviction lawsuit against David.

• Example 3: Landlord Waives Notice by Accepting Future Rent

  Scenario: Sarah receives a valid three-day notice from her landlord, Mr. Thompson, for her overdue July rent. On the second day, Sarah pays the overdue July rent. However, Mr. Thompson, seeing that Sarah has some extra money, also accepts her payment for August rent, even though August rent isn't due for another two weeks. A few days later, Mr. Thompson changes his mind and decides he still wants Sarah to move out due to her late payment history.

  Illustration: By accepting Sarah's payment for August rent (a future rental period), Mr. Thompson has likely waived the three-day notice he issued for July's overdue rent. In many jurisdictions, accepting rent for a period after the one specified in the notice effectively cancels that notice and any subsequent right to evict based on it. Mr. Thompson would need to issue a new notice if Sarah were to become delinquent again in the future.