In general, the tenant has the amount of time stated in the notice—starting from the day after service—to respond to a notice to terminate. There are some variations to the general rule:
- If there is an intervening weekend or holiday, the tenant complies if he or she performs on the next court day. [See CCP §§10–13b; Lamanna v Vognar (1993) 17 CA4th Supp 4, 7–8.] For example, if the notice expires on a Saturday or Sunday, the tenant has until the following Monday to comply. The plaintiff may not file the complaint until the day after the notice period expires. If the tenant has until Monday to comply, the plaintiff may not file a UD complaint until Tuesday.
- When service is by mail, there is some conflicting authority about whether the tenant can take advantage of the CCP §1013 extension for mailing. Prevailing authority suggests that the tenant’s time is not extended. [See Losornio v Motta (1998) 67 CA4th 110, 112; Walters v Myers (1990) 226 CA3d Supp 15, 18; but see Davidson v Quinn (1982) 138 CA3d Supp 9, 11 (three days’ actual notice is required).]
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