Rogers, Sheffield & Campbell has represented scores of clients in unlawful detainer (eviction) proceedings. While we represent Landlords 95% of the time, we do occasionally represent qualified tenants. In doing so, we have been amazed how frequently plaintiff’s attorneys, property managers, and owners fail to understand how to properly compute the three day notice period in the context of a three day notice to pay or quit.
Not only is it embarrassing to face the judge and explain how you did not properly count to three, it is also time consuming and expensive. If you fail to correctly count to three, a defendant will simply file a Demurrer to the Complaint which the Court will sustain without leave to amend. This means you will have to dismiss the defendant, re-serve the three day notice, re-file and re-serve the complaint, and pay the filing and process server fees again. Ouch.