California Eviction Process

What happens when the notice expires?

If there has been no compliance by the tenant with the Notice, then the Landlord must commence an unlawful detainer lawsuit "eviction". The Landlord cannot simply change the locks or take possession of the premises without a Court order or a voluntary surrender of the premises by the tenant

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When does the 3-day notice expire?

The following is a simple chart to help determine when the 3-day notice legally expires. Some cases are lost at court because the landlord or attorney filed the case before the 3 full days have expired.

VERY IMPORTANT: Please note that if the last day falls on a legal holiday, the tenant is given an extra day to comply. Example: a 3-day notice served on January 2nd is improper because January 1st is a legal holiday so that the rent is not late if paid on January 2nd.

A Notice Served on Will expire at midnight on
Monday Thursday
Tuesday Friday
Wednesday Monday
Thursday Monday
Friday Monday
Saturday Tuesday
Sunday Wednesday

 


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