NOTICE TO PAY RENT OR QUIT THAT ALLOWS PERSONAL DELIVERY OF RENT MONDAY THROUGH FRIDAY, BUT NOT ON SATURDAY OR SUNDAY, DOES NOT EXTEND THE NOTICE PERIOD

In Hsieh v. Pederson, decided May 8, 2018, a lease for residential premises required the landlord to provide a 14-Day Notice to Pay Rent or Quit instead of the statutorily required Three-Day Notice to Pay Rent or Quit. The landlord served the tenant with a 14-Day Notice to Pay Rent or Quit. When the tenant failed to pay the rent demanded in the notice within 14 days after it was served, the landlord filed an unlawful detainer action against the tenant.

The tenant thereafter made a motion for judgment on the pleadings arguing that the eviction complaint was filed prematurely. More specifically, the tenant argued that the 14-Day Notice to Pay Rent or Quit stated that the landlord was only available to receive payment personally Monday through Friday and, as a result, Saturdays and Sundays should not be counted toward the 14 days. The trial court granted the tenant’s motion and entered judgment for the tenant. The landlord appealed.

The appellate division of the Los Angeles Superior Court reversed the judgment. It held that the fact that the notice only allowed personal delivery of the rent Monday through Friday did not extend the notice because the tenant could have mailed the rent rather than personally delivering it. Because more than 14 days had elapsed after service or the notice before the filing of the complaint, the complaint was not premature.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600.

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.