A Three-Day Notice Is Not Valid When Served Too Early

QUESTION: My rental agreement says, “Rent is due on the first day of the month unless that day is a weekend or legal holiday.”

Because the first day of August was a Saturday, I made arrangements with my landlord to pay the rent on Monday. He agreed to this date, but he gave me a three-day notice to pay rent or quit on Sunday. I think this notice was given too soon because my rent was not late based on the rental agreement clause. Am I correct?

ANSWER: Yes. A three-day notice to pay rent or quit is used only when rent is past due, which is the first day after the due day. Because your rent was not due until Monday, based on your rental agreement, the first day the notice could have been served, and be valid, would have been Tuesday.

This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087.

For housing discrimination help call the state Department of Fair Housing and Employment at (800) 233-3212.