Legal Question in Landlord & Tenant Law in Virginia

Re: legal time to serve a 5 day notice

First, I note you are in California but the system says this relates to Virginia law. I hope this is not a typo between "CA" and "VA" (C is right next to V on the keyboard). I can only give legal advice concerning Virginia law and property in Virginia. However, assuming it is property in Virginia, you'd better darn well wait until the 4th. The reason is that there has been no breach until midnight (or really close of business) on the 3rd. There is no wrong so long as the tenant has one more second in which to pay. You should not issue a pay-or-quit notice until the tenant is in default by not having paid. As long as there is one second remaining in which the tenant COULD pay, the tenant has not yet failed to pay. I also don't know why landlords would want to rush. If you can persuade the tenant to pay even a little late, you get CASH in your hand. However, if you go to court, it will be months before you see any money. A court judgment is just a "hunting license" for you to go search for assets of the debtor and try to garnish or sell them at auction.

Now, nothing prevents you from sending polite letters. You can send a 'reminder' on the 1st if you are wary of the tenant not paying. Usually the goal is to get the money.

Re: legal time to serve a 5 day notice

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone. Normally, a 3 day notice to pay rent or quit can be given, unless the lease states a longer time. If it does, you can give a notice on the 4th.