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Eshagian v. Cepeda: What Your 3 Day Notice Must Say Now
- In Eshagian v. Cepeda (Court of Appeal, Second District, Division Seven, No. B340941, filed June 26, 2025), the court threw out a landlord's eviction judgment because the 3 day notice to pay rent or quit was defective.
- The notice did not say when the 3 day period started and ended, did not say the landlord would retake possession, and listed the tenant's own unit as the place to pay.
- The opinion is published, and in October 2025 the California Supreme Court declined requests to depublish it, so trial courts statewide must follow it.
- Landlords should update every 3 day notice form now.
What happened
A Los Angeles landlord served his tenant with a document titled "3 Day Notice To Pay Or Quit." It demanded eight months of unpaid rent at $1,000 a month, said the tenant could pay by check, cashier's check or money order, and gave the tenant's own unit as the address for payment. The only date on the notice was the date next to the landlord's signature.
The tenant did not respond to the lawsuit and the landlord obtained a default judgment for possession. The tenant later challenged the judgment, and the case was transferred from the Appellate Division of the Los Angeles Superior Court to the Court of Appeal.
What the court decided
Eviction statutes must be followed strictly, and a valid notice is a condition of every nonpayment case under Code of Civil Procedure section 1161(2). The court found three separate problems with this notice:
- No deadline. The notice did not state when the 3 day period began or ended, and did not explain that Saturdays, Sundays and judicial holidays are not counted. Without that, the court reasoned, an ordinary tenant could not tell when payment was due.
- No consequence. It did not tell the tenant that the landlord would retake possession if the rent was not paid. A title alone ("Pay or Quit") was not enough.
- No real payment address. Listing the tenant's own unit did not tell the tenant where to deliver the rent.
Because the notice was defective, the complaint did not state a valid unlawful detainer claim, and the court ordered the possession judgment replaced with a judgment for the tenant. The court also explained that a tenant who defaulted can challenge a possession only judgment by petition for writ of mandate.
Why it matters beyond this case
Landlord associations asked the California Supreme Court to depublish the opinion so it could not be cited. The Court declined in October 2025, which leaves Eshagian as binding precedent. Many preprinted and online notice forms did not contain an express start and end date, so tenants' attorneys now routinely check for these items. Commentators also note that the reasoning is not limited to residential tenancies.
Checklist for a 3 day notice to pay rent or quit
- The exact rent due, and only rent (no late fees or other charges), for no more than the past 12 months.
- The name, phone number and address of the person to pay, with the days and hours payment is accepted, or the bank account or electronic payment method allowed by the statute. Not the tenant's own unit.
- The date of service and the date the 3 days end, with a statement that Saturdays, Sundays and judicial holidays are excluded.
- A clear statement that if the rent is not paid within that period, the tenant must leave and the landlord will start legal proceedings to recover possession.
- Any local requirements, such as the City of Los Angeles minimum amount owed and notice filing rules.
- Proper service, with a signed proof of service.
What to do now
If you have a notice outstanding that lacks these items, do not file on it. A new, correct notice costs a few days; a defective notice can cost the whole case and an award of the tenant's costs. We review and prepare notices for landlords in Orange County and Los Angeles County every day.
This article is general information about California law as of its date, not legal advice for your situation. Laws and local ordinances change, and court decisions can be reviewed or reversed. Reading it does not create an attorney client relationship.