27
(1919) 44 Cal.App. 108, 112 [notice to quit must “clearly,
positively, and unequivocally disclose the intention of the
landlord to repossess the premises”]; Delta Imports, Inc v.
Municipal Court (1983) 146 Cal.App.3d 1033, 1036 [“Where the
condition or covenant allegedly violated is capable of being
performed, the notice must give the tenant the alternative of
performing or quitting possession.”].)
Finally, a landlord cannot prevail in an unlawful detainer
proceeding unless the three-day-notice was properly served and
the tenant has not paid the rent due within the three-day
period. 11 (Borsuk v. Appellate Division of Superior Court (2015)
242 Cal.App.4th 607, 611 [“‘[p]roper service on the lessee of a
valid three-day notice to pay rent or quit is an essential
prerequisite to a judgment declaring a lessor’s right to
possession” under § 1161(2)]; Downing v. Cutting Packing Co.
(1920) 183 Cal. 91, 95-96 [forfeiture “does not take place until
there has been a failure to pay the rent during the 3 days allowed
by the statute”].) Pursuant to section 1161(2), the computation of
the three-day notice period excludes weekends and judicial
holidays.
If the landlord does not strictly comply with the
requirements for a three-day notice, the landlord cannot prevail
in an unlawful detainer action, and instead, “‘“a landlord’s
remedy is an ordinary suit for breach of contract with all the
delays that remedy normally involves and without restitution of