Starting September 1, 2019, there will be new rules regarding calculating the days after service of a three day notice in which the tenant has to pay rent or quit.
For many years, the method of calculating just how long the tenant has to pay after service of the three day notice to pay rent or quit, was one which included weekends and holidays. For example, when the notice was served on a Friday, the three days to pay or quit were Saturday, Sunday, and Monday. However the legislature has changed all that. Now, it is required that the three days following service of the pay or quit, must be three business days-weekends and court holidays are excluded from calculating the time period to pay or quit.
Some of the rules have not changed. You can serve the three day notice any day of the week you want, including Saturdays and Sundays and holidays. It’s just that in calculating the days following the service, you begin with the next business day and you will have to give the tenant the three business days following service of the notice to come up with full rent or the keys.
As an example under this new method of calculating the time in which the tenant has to pay or quit, it turns out that Monday will be the best day. The three days when the notice is served on a Monday (without holidays interfering) would be Tuesday, Wednesday, and Thursday. The second best option is to serve the notice on Tuesday. The three business days to wait are, of course, Wednesday, Thursday, and Friday.
The problem that our office sees is that although you are serving a three day notice to pay rent or quit, and realize you must accept the rent if they come forward with payment in full within the three days, you really want them out and don’t want to accept the rent. The fact is, though, they have the right to pay so as long as it is a rent in full payment, within three day business days after service of the notice to pay or quit.
Under the new rules, it looks like Friday will be the worst day to serve the pay or quit because the three days in this case would be, Monday, Tuesday, and Wednesday. In effect making it a five day notice to pay or quit.
As a reminder, most of the other rules still apply. Remember to serve a pay rent or quit for rent and pure rent only, no NSF’s, no utilities (ask our office for options on alternate notices to serve to recoup these additional fees). The rent stated on the notice must be accurate, make sure there are no partial credits carried forward on the account that are not denoted on the three day.