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

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?

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Attorney answers 3


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. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.


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


I agree with my colleagues.

The answer to this question is for informational purposes only and is expressly not legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this without seeking advice from professional advisers.

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