Effective September 1, 2019, weekends and court holidays will no longer count in calculating the time periods for the following tenant notices:

  • Notice to Pay Rent or Quit
  • Notice to Perform Covenant (Cure) or Quit
  • The five-day period in which a tenant has for filing an answer to an unlawful-detainer summons

Under existing law, when a tenant fails to pay rent on time or commits a curable breach of the lease the landlord may issue a three-day notice to pay rent or quit or a notice to perform covenant or quit.  Currently, it is calendar days that are counted, which may include weekends or court holidays.

However, starting on September 1st the three days must exclude weekends and court holidays.  For example, under the current law, a tenant who is given a three-day notice to pay rent or quit on a Friday would be required to pay by Monday.  Under the law effective September 1st, Saturday and Sunday would not be counted towards the three days, so the tenant would have until Wednesday to pay.

The new law also applies to the five-day period that tenants have to respond to service of an unlawful detainer summons and complaint.  A tenant served with an unlawful-detainer summons will now have five days excluding weekends and holidays to respond.  The law does not impact the notice periods for 30 or 60-day termination notices, or notices based on uncurable breaches such as illegal use, unauthorized subletting, nuisance or waste.

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