Calculating Days for Three Day and Other Notices

//Calculating Days for Three Day and Other Notices

Calculating Days for Three Day and Other Notices

Recently, the California Court of Appeal reviewed a case that involved how days were calculated for a 14 Day Pay Rent or Quit (an unusual choice, but still allowable). Hseih v. Pederson provides some insight as to how a landlord needs to calculate days for a Three Day Notice to Pay Rent or Quit, Three Day Notice to Perform or Quit, or other type of notice.

Generally, the three days include weekends and holidays but if the third day falls on a weekend or holiday, the person has the following business day to comply. For example, if a Landlord serves a Three Day Notice to Perform or Quit on a Thursday, the third day is Sunday. The tenant would be allowed to pay rent on Monday, and a complaint for unlawful detainer could not be filed until Tuesday.

In Hseih v. Pederson, the Landlord served a Fourteen Day Notice to Pay Rent or Quit. The Notice provided an address where to pay rent and did not preclude paying rent by mail. The Tenant failed to pay, and the Landlord filed a Complaint eighteen days after service of the Notice.

Tenant filed a Motion for Judgment on the Pleadings alleging the Complaint was premature because weekends should not be counted. The trial court agreed and found that the Complaint was premature. Landlord appealed. On appeal, the Court agreed with Landlord that weekends would be counted because the Notice did not require payment in-person. Thus, the Complaint was not premature.

This case provides certainty as to how to calculate days after serving any type of Notice. Generally, weekends counted as days unless specifically expressed that only business days are counted.

If you are looking to serve a notice on a tenant, or considering filing an unlawful detainer, contact Attorney Anthony Marinaccio at 818-839-5220.

By |2018-05-16T15:35:10+00:00May 16th, 2018|Landlord-Tenant|Comments Off on Calculating Days for Three Day and Other Notices