Legal Question in Landlord & Tenant Law in California

3-day Notice Question

1.Does a 3-day notice include w/ends or not?

2.I paid my rent in a drop box (like always) AFTER my 3-day notice expired. The 3-day notice instructions said just use the drop box. However, 2 days after putting it in the dropbox, my check was given back to me. Since the Landlord provides a dropbox and said to use it, wouldn't one conclude the landlord ACCEPTED my rent?

Thanks!

Tom


Asked on 5/15/08, 10:33 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: 3-day Notice Question

The three-day notice was required to provide in writing where to make the payment and the hours during which payment might be made. If this information wasn't provided, you could reasonably argue this as a defense -- especially if you paid the customary way.

If the notice said you should put it in the dropbox, however, and you did so AFTER the three days had expired, then you didn't comply, the landlord was correct in rejecting your tender of the rent, and you can be evicted.

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Answered on 5/16/08, 12:33 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: 3-day Notice Question

I agree with Mr. Cohen

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Answered on 6/18/08, 2:11 am


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