What is the Difference Between a Three Day Notice and an Unlawful Detainer Summons in California?
Many California tenants who are facing eviction are confused about the difference between a Three Day Notice and an Unlawful Detainer Summons. Understanding the distinction between these two documents is critically important because the steps you are required to take — and the deadlines that apply — are entirely different depending on which document you have received.
What is a Three Day Notice?
A Three Day Notice is a written demand served on a tenant by a landlord prior to the filing of an eviction lawsuit. A Three Day Notice is not a court document. It is served directly by the landlord or the landlord's agent on the tenant and does not involve the Court. The Three Day Notice is a prerequisite to the filing of an Unlawful Detainer Complaint in most circumstances. California law requires that a landlord serve the tenant with a proper written notice and allow the applicable notice period to expire before filing an eviction lawsuit with the Court. CCP § 1161
There are three types of Three Day Notices commonly served on tenants in California:
Three Day Notice to Pay Rent or Quit — A demand that the tenant pay all outstanding rent owed or vacate the premises within three days of receiving the Notice. The three day period does not include Saturdays, Sundays, or court holidays. CCP § 1161(2)
Three Day Notice to Perform Covenant or Quit — A demand that the tenant cure a specific violation of the lease or rental agreement — such as unauthorized pets, unauthorized occupants, or damage to the property — or vacate the premises within three days of receiving the Notice. CCP § 1161(3)
Three Day Notice to Quit — A demand that the tenant vacate the premises within three days of receiving the Notice due to an incurable violation of the lease or rental agreement, such as engaging in unlawful activity on the premises. Unlike the Three Day Notice to Pay Rent or Quit and the Three Day Notice to Perform Covenant or Quit, the Three Day Notice to Quit does not offer the tenant an opportunity to cure the alleged violation. CCP § 1161(4)
Receipt of a Three Day Notice does not mean that an eviction lawsuit has been filed against you. It means that your landlord is demanding that you either remedy the alleged violation or vacate the premises within three days. If the tenant complies with the demands of the Three Day Notice within the three day period the landlord cannot proceed with the filing of an Unlawful Detainer Complaint based on that Notice. If the tenant does not comply with the Three Day Notice within the three day period the landlord may then file an Unlawful Detainer Complaint with the Court.
Receipt of a Three Day Notice does not require you to file any documents with the Court.
What is an Unlawful Detainer Summons?
An Unlawful Detainer Summons is an official court document issued by the Court Clerk after a landlord has filed an Unlawful Detainer Complaint with the Superior Court. The Unlawful Detainer Summons formally notifies the tenant that an eviction lawsuit has been filed against them and that they are required to file a written response with the Court within a specific deadline. Unlike a Three Day Notice, the Unlawful Detainer Summons is a court document and carries the full authority of the Superior Court.
The Unlawful Detainer Summons must be served on the tenant by a person who is 18 years old or older and not a party to the case. It cannot be handed to the tenant directly by the landlord. Service of the Unlawful Detainer Summons may be effected by personal service, substituted service, or post and mail service pursuant to Court Order. CCP § 415.10, CCP § 415.20, CCP § 415.45
The Unlawful Detainer Summons will identify the name and address of the courthouse where the eviction lawsuit was filed, the names of the parties to the case, the case number assigned by the Court, and a warning to the tenant that failure to file a written response within the applicable deadline may result in a default judgment being entered against them.
Receipt of an Unlawful Detainer Summons requires you to file a written responsive pleading with the Court within your applicable deadline.
How Do I Know Which Document I Have Received?
A Three Day Notice is typically a one or two page document that is either handed to you directly by the landlord or their agent, taped or posted to your front door, or sent to you by mail. It will not bear a court case number, a court stamp, or the name of a courthouse. It will be addressed directly from your landlord or their property management company and will demand that you either pay rent, cure a lease violation, or vacate the premises within three days.
An Unlawful Detainer Summons will bear an official court stamp, a court case number, and the name and address of the Superior Court where the eviction lawsuit was filed. It will be served on you by a process server — not handed to you by your landlord directly. It will contain an official warning advising you that you must file a written response with the Court within a specific number of days or risk having a default judgment entered against you.
What if I Have Already Received Both a Three Day Notice and an Unlawful Detainer Summons?
If you have already received both a Three Day Notice and an Unlawful Detainer Summons it means that your landlord has already progressed beyond the pre-litigation notice stage and has filed an eviction lawsuit against you in the Superior Court. In this situation your immediate priority is to determine your deadline for filing a responsive pleading with the Court based on how service of the Unlawful Detainer Summons was effected on you and to file your responsive pleading before that deadline expires.
If you are uncertain about which document you have received, or if you are unsure whether an Unlawful Detainer Complaint has been filed against you, Tenant Eviction Defense is here to help. Our staff can help you understand your situation, identify the documents you have received, and explain the steps you need to take to protect yourself.
Call our Eviction Defense Rapid Response Line immediately at (657) 510-6534, Monday through Friday from 8:30 a.m. to 6:00 p.m. Time is critical. Do not wait.
Updated April 12, 2026.