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Since 3-Day Notice to Pay or Quit was a “nail and mail,” does my wife need to mail three (3) copies of the Notice?

Chula Vista, CA |

Rent is due on first of month with three-day grace period. Rent was not paid May 4. I know Tenant is living with his significant other, who is not on rental agreement, which is why I took route of having “Resident” and “Subtenant” served as well. Because no one was home, my wife did “nail and mail,” meaning 3-Day Notice was taped on Tenant’s front door (three Notices were taped addressed to (1) Tenant as his name appears on rental agreement, (1) “Resident,” and (1) “Subtenant.”

Since it was nail and mail, does my wife need to mail three (3) copies of Notice to, such as (1) Tenant, (1) Resident and (1) Subtenant? If rent is not paid within three days, when can I file UD? In other words, if served Friday, are weekend days included in count or not?

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Attorney answers 1


No just one notice is needed to mail addressed to everyone on the rental. Three days include the weekend but the last day ends on a day the landlord is available to accept rent. After the three days are over, not including day it was posted, then you could file.

This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

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