Upcoming Dates In 2019 Affecting Service Of Notices To Tenants
A recent call from one of my clients prompted me to write a short article on the service of a 3 day notice for non-payment of rent. More specifically, it addresses the situation where rent is due on the first of the month, which happens to fall on a weekend or holiday.
California has some rigorous statutes concerning evictions. One in particular is the requirement that a three day notice to pay rent or quit be served only after the rent has become delinquent. While that may seem simple enough to understand and comply with, there is a little known component of the law which states, “where the due date for rent payment falls on a weekend, holiday or a day on which the courts are closed, the rent payment is not due until the next business day.”
For example, January 1, 2019 fell on a Tuesday and, of course, was a holiday. Applying the law as stated above, rent was not “legally” due until the next business day which, was Wednesday, the 2nd and it was not delinquent until Thursday, the 3rd. Therefore, a three day notice to pay rent served any time before the 3rd would have been premature and, therefore, defective in the eyes of the court. There are several times during 2019 that this situation will pop up.
The dates below represent months in which the first falls on a weekend, holiday, or a date on which the courts are closed, causing rent to be due the following business day. The specific date listed next to each month is the first date on which a landlord could legally serve a 3-day notice to pay rent or quit.
June 4th, 2019
September 4th, 2019 (The 1st is a Sunday and Monday is Labor Day – A Holiday)
December 3rd, 2019