Is the 3-day perform or quit notice based on business days or calendar days?

Landlord Tenant Forum
1

Hey, I just gave my tenant a 3-day perform or quit notice for their dog barking at night. But I’m confused, is the 3-day rule based on calendar days or business days? Like, if the dog barks within the 3 days, can I proceed with unlawful detainer? But if it’s the 4th day, do I need to issue a whole new notice? Anyone know the deal with this?

2

The 3 days are typically calendar days, not business days, unless local laws say otherwise. So weekends and holidays count too.

3

Teagan said:
The 3 days are typically calendar days, not business days, unless local laws say otherwise. So weekends and holidays count too.

Wait, so if the dog barks on the 4th day, I need a whole new notice? That’s kinda weird.

4

@Vic
Yeah, exactly. If the 3 days pass without them fixing the issue, you’d need a new notice for any new violation after that.

5

Oh, and also, if the last day of the 3-day period is a weekend or holiday, the deadline usually extends to the next business day.

6

Zayne said:
Oh, and also, if the last day of the 3-day period is a weekend or holiday, the deadline usually extends to the next business day.

Thanks for that! I didn’t know the deadline could extend like that. Good to know!

7

Just FYI, day 1 is the day after you serve the notice, so if you serve it on a Monday, the first day is Tuesday.

8

Kai said:
Just FYI, day 1 is the day after you serve the notice, so if you serve it on a Monday, the first day is Tuesday.

Got it! That clears up how the days should be counted. Thanks!

9

To be clear, if the dog barks after the 3-day notice and it’s the 4th day, you’d start over with a fresh 3-day notice.

10

Lake said:
To be clear, if the dog barks after the 3-day notice and it’s the 4th day, you’d start over with a fresh 3-day notice.

Oh, so the 4th day is like a reset? Cool, I’ll make sure to handle it like that if needed.

11

Definitely double-check your local laws though, some places might have slightly different rules for notices like this.

12

Michael said:
Definitely double-check your local laws though, some places might have slightly different rules for notices like this.

Will do! Appreciate the heads-up.