We at High Tide Properties often get calls from landlords who manage their own property and are having trouble with evicting a bad tenant. The legal system is not kind to those who are not used to the technical issues that can make or break a legal case. In the case of evictions, having the wrong date, wrong word, or a small error could mean the difference between winning the case, and having to re-file and lose 2-4 months of rent. One such error is when you should start your 3 day notice to pay or quit. According to our lawyers at Owens & Wright, you can issue the notice too soon!
As you know, it's vitally important that you don't serve pay/quit notices too early, that is, before the rent payment is, at law, "delinquent".
Certain California statutes affect obligations imposed by a contract. This means that where the due date for rent payments falls on a weekend, holiday or any other day the courts are closed (i.e., a non-business day), the payment is not really “delinquent” until the day after the next business day has passed.
Applying these statutes for the year 2013, the first days of the month that you could effectively serve a 3-day pay/quit notice for a tenancy (not subject to mobilehome or RV park rules) where the rent is normally due, in advance, on the first day of the month are:
Certain California statutes affect obligations imposed by a contract. This means that where the due date for rent payments falls on a weekend, holiday or any other day the courts are closed (i.e., a non-business day), the payment is not really “delinquent” until the day after the next business day has passed.
Applying these statutes for the year 2013, the first days of the month that you could effectively serve a 3-day pay/quit notice for a tenancy (not subject to mobilehome or RV park rules) where the rent is normally due, in advance, on the first day of the month are:
- January 3
- February 2
- March 2
- April 3
- May 2
- June 4
- July 2
- August 2
- September 4
- October 2
- November 2
- December 3
For pay/quit notice service dates for tenancies subject to the the Mobilehome Residency Law or the Recreational Vehicle Park Occupancy Law, click here.
Brett Wright, Esq.
Owens & Wright, Attorneys at Law
Owens & Wright, Attorneys at Law
The information contained in Landlords Legal Briefs is general in nature and not intended, nor should it be relied on, as legal advice. Always consult your own attorney for your specific situation.
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