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I’m a Los Angeles based building manager needing to serve a…

I’m a Los Angeles based...
I’m a Los Angeles based building manager needing to serve a 3-day notice to a tenant who has not paid rent. Does the 3 days include today’s date or do I start counting the 3 days starting tomorrow? On other word, when is the rent actually due by? What date?
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Answered in 6 minutes by:
1/22/2018
Roy Hadavi
Category: Landlord-Tenant
Satisfied Customers: 1,280
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: Begin counting the three days on the first day after the day the notice was served. If the third day falls on a Saturday, Sunday, or holiday, the three-day period will not expire until the following Monday or non-holiday. See below for further information on when to start counting based on the type of service effectuated.

A landlord's three-day notice to a tenant must be "served" properly to be legally effective. The terms "serve" and "service"refer to procedures required by the law. These procedures are designed to increase the likelihood that the person to whom notice is given actually receives the notice. A landlord can serve a three-day notice on the tenant in one of three ways: by personal service, by substituted service, or by posting and mailing. The landlord, the landlord's agent, or anyone over 18 can serve a notice on a tenant.

  • Personal service - To serve a tenant personally, the person serving the notice must hand you the notice (or leave it with the tenant if the tenant refuses to take it). The three-day period begins the day after the tenant receives the notice.
  • Substituted service on another person - If you can't find the tenant at home, you should try to serve the tenant personally at work. If you can't find the tenant at home or at work, you can use "substituted service" instead of serving the tenant personally.
    • To comply with the rules on substituted service, the person serving the notice must leave the notice with a person of "suitable age and discretion" at the tenant's home or work and also mail a copy of the notice to the tenant at home. A person of suitable age and discretion normally would be an adult at the tenant's home or workplace, or a teenage member of the tenant's household.
    • Service of the notice is legally complete when both of these steps have been completed. The three-day period begins the day after both steps have been completed.
  • Posting and mailing - If you can't serve the notice on the tenant personally or by substituted service, the notice can be served by taping or tacking a copy to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to the tenant at the rental unit's address. (This service method is commonly called "posting and mailing" or "nailing and mailing.") Service of the notice is not complete until the copy of the notice has been mailed. The three-day period begins the day after the notice was posted and mailed.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 4 months ago
Hi Roy: thanks for your answer to my question. I have tried to serve the notice to the tenant personally but she refuses to open the door to me (she works from home). I assume I can simply post it on her door and then mail it and that is legally suffice? Should I send it registered mail? How do I show proof it’s been “nailed and mailed” as they say?

You are very welcome.

If they are refusing to open the door, then nail and mail is the only viable option.

Nail - take a time stamped picture of the unit, with the unit number clearly visible.

Mail - either certified mail, return receipt requested or GSO. GSO is a company that offers a very similar service to USPS, but they provide a tracking number and I have found that they are much more efficient and quick with their process.

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Customer reply replied 4 months ago
GReat advice. Thank so Roy. Never heard of GSO (???). Where are they located?

You can look them up online at GSO.com. You may have never noticed them, but their drop boxes are located all over Los Angeles. Its one of those situation where you don't notice something until you know about it and then you see it everywhere.

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Customer reply replied 4 months ago
Great. Seems funny to drop something in a box with no person confirming it. I did find several drop boxes in my area and thank fir the tip. I assume they have some sort of system for tracking the package and giving me a tracking number. If so this is an awesome tip and thank you!

Yes, that is right.

You are very welcome.

Did you have any additional follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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Customer reply replied 4 months ago
Ok thank you. I’ll give you a 5 star review!

Thank you.

Roy Hadavi
Category: Landlord-Tenant
Satisfied Customers: 1,280
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
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