Don’t count the day you serve the notice. Under CCP §12, the service date is excluded in calculating the 30-day or 60-day period.
If the last day is a holiday, the tenant gets more time. If the 30th or 60th day falls on a holiday, the tenant has until the next day that is not a holiday to vacate. CCP §§12a–13. Legal holidays are every Saturday, Sunday, and other days listed in Govt C §6700 and in CCP §§10, 12a, 12b, 135.
Example: If a 30-day notice is served on Monday, June 16, the 30-day period expires on Wednesday, July 16, and the tenant must vacate on that date. If the 30-day notice is served on Thursday, June 12, the 30 days expire on Saturday, July 12. Because Saturday and Sunday are holidays, the tenant need not vacate until Monday, July 14.
Service by mail may extend time. Usually personal service is used for a 30-day or 60-day notice, and this is the safest method. But if the landlord uses service by registered or certified mail, it arguably extends the period within which the tenant must vacate under CCP §1013(a). You can make the argument that CCP §1013 extends the time if service is made under CC §§1946 and 1946.1. And there’s also the equities argument that, given the slowness of mail delivery, the result of not applying CCP §1013 to CC §§1946 and 1946.1 notices would be to reduce the 30-day or 60-day period significantly. In California’s tight housing market, 60 days is little enough time to find housing, without having it reduced by the time the notice is in the mail.
Knowing when the notice period expires is key because there’s no cause of action until after the tenancy has been terminated, and the tenancy isn’t terminated until expiration of the period specified in the notice.
Caution: Be very careful when in an eviction control jurisdiction because you may not be able to use a 30 or 60-day notice in all cases.
For everything you need to know about 30- and 60-day notices, turn to CEB’s California Eviction Defense Manual, chap 7. On terminating a tenancy, see CEB’s California Landlord-Tenant Practice, chap 8.
Other CEBblog™ posts you may find useful:
- Are Landlords Liable for a Tenant’s Biting Dog?
- Tips for Landlords of Student or Employer Rentals
- 8 Steps to Preparing a 3-Day Notice of Eviction
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