Legal Question in Landlord & Tenant Law in California

3 day pay or quit

I was served a 3 day pay or quit notice for my rent being late. The amount on the notice was the amount of my exact rent (I understand from reading on line that late fee's can not be added to the notice). This notice expired yesterday (no time given). I know it is cutting it close but I dropped a cashier�s check off in the amount of the notice one hour prior to the office opening today. Would the notice go into effect? I received a call after my landlord got my check indicated that she could not accept my cashiers check and to contact their lawyer.


Asked on 12/11/07, 10:19 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: 3 day pay or quit

If the third day was yesterday, then your check was on the 4th day. If the landlord accepts, and cashes the check, you cannot be evicted.

To count the days, the day it is served doesn't count. Hypothetically, if you received a 3 day notice today (Tuesday), the 3 days begin on Wednesday, and thus the 3rd day would be Friday and ends at midnight. Thus, in our hypothetical, paying the rent on Saturday gives landlord choice of cashing check and moving on with the lease, or refusing it and beginning eviction proceedings.

Reading between the lines, you have probably been late before, and the landlord doesn't want to continue with you as a tenant.

I would try to negotiate, if possible, and stay if landlord will let you stay.

Feel free to e-mail, or call, my office, if you need more help.

Good luck!

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Answered on 12/11/07, 10:30 pm


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