Legal Question in Landlord & Tenant Law in California
Error in 3 Day Notice to Pay or Quit?
I am a landlord who made an error in my 3 day notice. I counted the weekend as the third day. I gave them more than the 3 days to pay, but the notice is incorred. I waited a week after the 3 day notice expired to file an unlawful detainer. I concerned that the judge will throw out my case because of the error I made. The Case is going to trial because they responsed. Is it better to just restart the case or can the judge possibly waive this error?
2 Answers from Attorneys
Judges generally are extremely strict about the proceedural steps in a UD case. So it is almost invariably better just to start over.
That doesn't sound like too much of an error. The three day period in the notice is statutory, so it expires per the rule of law, not by what you put on it. And you don't have to sue on the fourth day. You can take as long as you want (within limits), as long as you don't accept any rent before filing the suit. Thus, I don't believe the error you speak of is fatal to your case. Good luck.....P
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