California recently enacted major changes to how the three days are calculated for Three Day Notices to Pay Rent or Quit. Starting September 1, 2019, the three days are three court days. This means that the three days cannot include weekends and judicial holidays.
Code of Civil Procedure Section 1161 was modified to add the three court days instead of three calendar days. This means that the time is extended if any of the three days includes weekends or judicial holidays.
What does this mean? If a landlord serves a Three Day Notice to Pay Rent or Quit on Friday (assuming no judicial holidays), a tenant would have until the next Wednesday to pay the rent demanded in the Notice. Further, that landlord could not file an unlawful detainer until Thursday.
A tenant has a complete defense if a landlord files an eviction prematurely or does not accept full rent payment demanded in a Three Day Notice to Pay Rent or Quit during the three day period after the Notice is served.
For more information, please contact attorney Anthony Marinaccio at (818) 839-5220.