Is a 3 Day Notice to Pay or Quit defective because it was posted the day after it was dated?

Asked over 2 years ago - San Francisco, CA

I received a 3 Day Notice to Pay or Quit posted to my door the day after it was dated. I don't know how to calculate the deadline for my obligation to pay or quit; i.e. using the 15th/16th as an example, by what date would I have to pay or quit?

Would a judge deem the notice defective due to this dating/delivery issue?

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    6

    Lawyers agree

    Answered . No, not at all. It is actually quite common, so the judge will not deem the notice defective.

    The 3 days is counted from the date you are served, not the date stated on the notice itself.

    To count the days in the notice period:

    -- The first day is the day after the notice is served.
    -- Then count every day on the calendar, including weekends and holidays.
    -- If the last day of the notice period falls on a holiday or weekend, then the notice period ends the next work day.

    If the notice is served by posting and mail, the date you are served is the date the notice is mailed.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . no. The proof of service that gets filled out controls. Contact me for a free consultation.

  3. James M Lynch

    Contributor Level 17

    3

    Lawyers agree

    Answered . I agree with my colleagues.

    The answer to this question is for informational purposes only and is expressly not legal advice. This... more

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