Tenants get more time to respond to three-day notices effective Sept. 1

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Tenants in California are about to get extra time to respond to most three-day eviction notices.

Under a law taking effect Sept. 1, weekends and court holidays will no longer count toward the three-day notice period and the five-day period for responding to an unlawful-detainer summons and complaint. For example, under the new law, the deadline to pay rent for a three-day notice served given on a Friday wouldn’t be due until Wednesday— two days later than the current Monday deadline.

Previously, weekends and court holidays could count toward these notice periods, although a notice could not expire on weekend or court holiday.

To ensure compliance with the new law, AB 2343, CAA recommends that the new method of counting should be used for three day notices served on or after Aug. 29 and for complaints served on or after Aug. 27.

The new law does not apply to 30-day and 60-day termination notices or to notices to quit based on nuisance, unauthorized assignment, subletting, or waste.

“Termination of tenancy is one of the most highly regulated areas of the landlord-tenant relationship – particularly termination for cause,” said Ninder Grewal, policy and compliance counsel for the California Apartment Association. “Knowing the new changes in the law can help you avoid mistakes that could prevent or delay your eviction of a tenant.”

Learn more with CAA’s three-part Ending the Tenancy Summer Series available on demand through this link.

CAA members may access the updated three-day forms and instructions on this webpage, which contains our complete list of forms in alphabetical order.

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