When can I serve the 3-day pay-or-quite notice?

[James Qiu]

I have a really problematic tenant. Since they moved in 5 month ago, they have never paid rent on time and always complain about the condition of the place. I have already served them the 3-day notice twice. In the past, I did it after the 5-day late fee grace period. However, our lease (the standard Califonia Assoc. of Realtor's Lease agreement) clearly says the due day is the first and is delinquent on the next day. Can I serve them the notice on the 2nd, even though the Lease gives them a 5-day grace period before the late fee is charged? I have a feeling this time, they're out of options (to pay my rent) and are ready to fight to the end, so I want to start the process as early as possible.

Thanks in advance.