Legal Question in Real Estate Law in California
Served (2) 3-day pay or quit notices
I was served a 3-day pay or quit notice via usps, dated August 4; however, I did not receive it until August 6th. I paid my rent on the 9th, and it was rejected, as the Landlord stated that the 3-day pay or quit was dated August 4th. The landlord stated he taped the notice to the door and mailed it. I'm not accusing the landlord of lying; however, I did not receive the notice on the door, but I did receive the one in the mail. I wanted to know when do the first day begin and/or end.
2 Answers from Attorneys
Re: Served (2) 3-day pay or quit notices
The landlord is wrong, but I am with a client, and will get back to you ASAP.
Do not Panic!
Re: Served (2) 3-day pay or quit notices
When a notice is posted on the door, and also mailed, many judges give an extra 5 days (commonly called "nail and mail". However, though this is very common the extra 5 days), it is not written in stone.
Normally, the counting of days begins at midnight of the next day after landlord mails. However, I would assume that the count was begun by landlord at midnight on August 5th, meaning the three days would be August 6, 7, and 8. That would mean the three days ends on August 9.
Again, because of the "nail and mail", the courts generally give an extra five days.
I am citing a link to a self-help center from California's Superior courts.http://www.courtinfo.ca.gov/selfhelp/other/landtenqa-ten10.htm
You may need a demand letter from an attorney, written to the landlord, who, obviously, has legal advice from his/her attorney.
Also, there are a number of facts missing, such as did you vacate? If so, when? If so, was your deposit returned?
If you need more, do not hesitate to e-mail, or call, my office.
Good luck!
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