Notice to pay rent or quit question... - Posted by Jennifer(NH)

Posted by Debra on May 19, 1999 at 19:15:33:

does a notice to pay rent or quit mean a forfeiture of the lease therfore can consider that lease terminated as of the three days prior to the 3 day notice?

Notice to pay rent or quit question… - Posted by Jennifer(NH)

Posted by Jennifer(NH) on April 13, 1999 at 08:53:24:

Generally speaking when giving a tenant a 7 day Notice to pay rent or quit what is considered the first of the 7 days? Is the day I give the tenant the notice the first day or is the following day considered the first day?

I hope my post is clear.



State-by-State - Posted by Sean(CA)

Posted by Sean(CA) on April 13, 1999 at 21:29:47:

I can’t speak for your state it might be different, but I know how it works in California.

Let’s say the rent is due on the first and January 1st rolls around. The rent isn’t due yet, because it’s a holiday. And Jan 1st is a Saturday, so it’s not due on the 2nd either cuz that’s a Sunday. So Monday (the third) rolls around and the rent isn’t paid.

You can post the pay-or-quit notice on Tuesday the 4th (because now rent is officially late). You can’t post it after 8:00 or something on Monday figuring it’s late because it’s “after business hours.”

In California, that Tuesday you posted is NOT the first day. The Wednesday is the first day, and Friday is the third day. Saturday the guy is officially evictable (we have a 3-day notice), but you can’t start the process because the court’s closed (wait until Monday).

Good luck on your eviction and suggest you find someone in your state who can help you understand your own state (or local) laws better.

Re: Notice to pay rent or quit question… - Posted by Rosie(CA)

Posted by Rosie(CA) on April 13, 1999 at 14:05:16:

Hi Jen,

Don’t have your answer, but here’s another consideration: Calif. law (3 day pay or quit) says if 3rd day lands on Sat or Sun then the 3rd day moves to Monday, unless Monday is a holiday then it moves to Tuesday. Thereby giving the deadbeats 3 extra days!

This info came from a CA landlording book bought in a bookstore.