Legal Question in Landlord & Tenant Law in California

number of days before you can file an unlawful detainer

what section of c.c. states that if a 3 day notice is posted, 5 extra days before filing an unlawful detainer


Asked on 2/11/08, 12:49 pm

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: number of days before you can file an unlawful detainer

I agree with my colleagues. Five Days!

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Answered on 2/12/08, 4:04 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: number of days before you can file an unlawful detainer

None. The landlord could file the UD complaint on the 4th day. Once you are served with the UD summons and complaint, you have 5 days by which to answer or otherwise plead.

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Answered on 2/11/08, 4:21 pm
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: number of days before you can file an unlawful detainer

There used to be a belief among some trial judges that a post and mail service of the 3 Day Pay or Quit notice extended the tenant's time for performance for an additional 5 days, for a total of 8 days. That has not been the prevailing view for some time now, so you have three days, providing that the notice does not expire on a Sat., Sun. or Court Holiday: if so, it is the next working day that the notice expires.

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Answered on 2/11/08, 5:03 pm


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