Notices: How to Count the Days

When certain conditions are met, California Code of Civil Procedure 1161 allows landlords to terminate a tenancy after giving a three day notice to the tenant. Previously, the calculation of the three days was complicated by the fact that weekends and holidays counted towards the three days, but the notice still could not expire until the next working day.

For example, under the old law, a three day notice served on Wednesday would not expire until Monday, since the third day (Saturday) was a weekend. But a three day notice served on Friday would also expire on Monday, because Saturday and Sunday days still counted towards the expiration of the notice.

After September 1, 2019, weekends and holidays will no longer count towards the three days of the notice. This will standardize the calculation and expiration of three day notices by only counting days that the notice could expire on: Mondays, Tuesdays, Wednesdays, Thursdays, and Fridays, excluding holidays. This will generally have the effect of giving tenants more time to respond to three day notices, but will also make determining notice expiration dates easier and more consistent.

© 2019 by Fried & Williams LLP. All Rights Reserved. The information contained in this article is general in nature. For advice on any particular matter, please consult with our attorneys because the facts of your situation may be unique and the law changes from time to time.