New California Law Changes how Days are Counted in 3 Day Notices

Updated 4/29/24

A new law takes effect in California September 1, 2019 that can give tenants more days to respond to a landlord’s eviction notices and court summons.

Currently, when a landlord gives a tenant a 3 Day Notice to Pay Rent or Quit, the 3 calendar days are counted starting the day after the notice is served. A landlord who wants to bring a legal action to regain possession of his property must file a complaint and serve the tenant with a notice of court summons in which case the tenant has five days to respond.

The new law AB 2343 changes calendar days to court days to ensure that weekends and holidays are not counted under the timeline tenants have to respond to an eviction notice, or breach of rental or lease notice. Additionally, after September 1, 2019 Saturdays, Sundays and Holidays will be excluded from the calculation of when a response to an Unlawful Detainer Summons and Complaint will be due before a default judgment against the tenant can be taken.

Related: Everything you must know about 3 day notices

AB 2343 was brought by tenants rights organization that said landlords unfairly serve a 3 Day Notice to Quit on a Friday when tenants are unable to consult with legal representation over the weekends or holidays denying them full legal recourse.

This new law could add up to two to three days after the Notice has been served before a landlord can file the eviction lawsuit in a California Court of Law. However, if landlords serve a 3 Day Notice to Quit on a Monday or Tuesday during a week in which there are no holidays, there is no change in the amount of time tenants have to respond.

This only gives tenants more time to delay the eviction process depending upon the day the notice is served.

Frequently Asked Questions

Does a 3 day notice to pay or quit include weekends in California?

No, it does not. The 3 days do not include weekends or holidays.

How to count 3 Day Notice in California

Here’s an example. Let’s say you server your tenant a 3 day notice on Thursday. Friday would be DAY 1, Monday would be DAY 2 and Tuesday would be DAY 3. You can file for an eviction in court as of Wednesday, DAY 4.

When does a 3 Day Notice start?

Day one is the following business day (not including weekends or holidays.)

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