Effective September 1, 2019, a new law takes effect changing how landlords must count the expiration date for lease termination notices, specifically three day notices to pay rent or quit and three day notices to perform covenant or quit. Currently landlords are permitted to count weekends and judicial holidays when calculating the expiration date, and the last day of the notice must land on a weekday (as long as the weekday is not a judicial holiday).
As of September 1, 2019, landlords cannot count weekdays or judicial holidays when calculating the notice termination date. So if you serve a three day notice to pay rent or quit on a Friday, it will expire on the following Wednesday.
Below is an easy reference chart to determine which day your three day notice will expire under the new law.
Three Day Pay or Quit
|Service Date||Expiration Date|
If the last day falls on a judicial holiday then the notice will expire at midnight on the following weekday.
The same rule will also apply to the time period a tenant has to respond to the court after being served with an unlawful detainer complaint. This means it will take longer to evict a resident through the court process.
Assembly Bill 2343 is codified as an amendment to Code of Civil Procedure §§1161 and 1167. The new law does not apply to 30 or 60 Day notices (CCP 1161(1)) or to notices to quit based on subletting, waste, or nuisance (CCP 1161(4)).
NOTE: This article is for informational purposes only and should not be construed as legal advice. For legal advice please contact an experienced attorney. For more information contact the PKS Law Group, P.C. by visiting www.pks-lawgroup.com or email firstname.lastname@example.org