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3 day notice...rule? How to count it down.

City Of Industry, CA |

question: if I got a notice (3/30/90) to quit, on June 22 (which was a saturday) what day would have been valid for my landlord to serve me with a UD?

Attorney Answers 4

Posted

It is calendar Days and not court days. That is how days are counted. So, a 3 day notice means you must pay rent in 3 days, or 4th day you can served with a UD. I hope this gives you some direction and insight on your question and I truly wish you the best of luck! As an aside, if you found my direction helpful, and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question?

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Posted

you got it!

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Posted

oh, so based on what your saying, then my landlord would HAVE to have WAITED to serve the notice of summons, or "UD" on the fourth day, and not the third day, right? Let's see, I got a letter on that Saturday...then we got a person (a server) at our door on the 25th, which was a TUESDAY! wouldn't that make the UD a "procedural" error/problem, etc.?

Posted

See enclosed Landlord-Tenant Guide (specifically p. 67 start) which will hopefully shed some additional light on the topic: http://www.dca.ca.gov/publications/landlordbook...

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

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Posted

Everything is in calendar days with evictions, not court/business days.

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Posted

Most common error is that the day of service is counted. Begin with the day following service so if a three day notice was served on June 1st the notice could expire on June 4th at the end of the day. One issue is when the notice expires on a weekend. If its a 3 day notice to pay or quit I find it best to wait out the following Monday. Though this is debated by attorneys especially if rent can be paid over the weekend. But I find waiting best practice to avoid the argument. It's always best to consult a lawyer. This should be used for general information and not considered legal advice.

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Posted

can you please define "service" (and thank you for the insightful explanation of the three day count down)....Service-the notice to quit......or Service-the day a live person came to your door and handed you the summons and complaint (the UD), or are the two different 'services". ???

Tyler Harrison Lester

Tyler Harrison Lester

Posted

They are both service. I was refering to service of the notice. However, by your question I assume you received a notice following a foreclosure sale. If you are a tenant you get 90 days from date of service of notice before a UD may be filed. Former owner gets 3 days.

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