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Eviction Question: Could you clarify the "business day" rules of a 3-day notice to pay or quit served on tenant?

San Jose, CA |

Everything I've read says that if the 3rd day of a pay or quit notice lands on a weekend or holiday, then rent is not due until the next business day. But what about *serving* the notice? Is it fine if it is served on the weekend? In this case rent (with hostile tenants) was due on Friday, and I want to serve on Saturday. Does the "3-day" clock start on Saturday?

Attorney Answers 3


  1. Yes, you can serve the notice on any day. The clock starts the next day. So, if you serve it on a Saturday rent is due Tuesday assuming Tuesday is not a holiday.

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  2. You can serve a 3 day notice on any day of the week. The clock starts on the next day. Therefore, if you served the notice on Saturday, the clock starts on Sunday and the rent must be paid by the end of day on Tuesday.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  3. The notice cannot expire on a weekend or holiday. The practical effect of this is that a notice served on Wednesday, Thursday, or Friday will always expire on the same day, Monday for example unless of course Monday is Holiday. In the case above where Monday is a holiday and the notice was served on Wednesday, Thursday, or Friday the notice will expire on Tuesday. This means an Unlawful Detainer can be filed on the next business day, Wednesday in this example.

    The information contained herein is general information only; is not legal advice; and should not be relied upon. If you have a pending legal matter you are advised to contact an Attorney in your particular jurisdiction for representation. The above information does not create any attorney client relationship with Phillip B. Rose or PBR LEGAL.

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