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California Adopts Change to Landlord-Tenant Notice Periods


California Adopts Change to Landlord-Tenant Notice Periods

“What a difference a day makes.” That difference can mean a lot to tenants according to supporters of California Assembly Bill 2343. The bill, which was signed into law by Governor Brown on September 5 of this year, will not take effect until September 1, 2019. It modifies the way in which days are counted in the matter of certain notices that landlords are required to provide to tenants.

Specifically, those notices are the ones known as (i) a three-day notice to pay or quit, (ii) a three-day notice to perform a covenant (duty) under the lease, and (iii) a five-day notice to file an answer to an unlawful detainer (eviction) suit. Crucial to such notices, as is the case with performance clauses in contracts, is defining how days are to be counted.

Under current California law, for the notices in question, the days to be counted begin with the first day after the notice is served. However, if the last day for performance is a weekend or holiday, it is excluded from the counting. (California Code of Procedure §12).

Some examples:

1. If, on Monday, I am given a three-day notice to pay, then I must pay within the days Tuesday, Wednesday, or Thursday.

2. If I received the three-day notice on Wednesday, then Thursday and Friday are counted, but Saturday and Sunday are excluded from being performance days. The final day for performance would be Monday, provided it is not a holiday.

3. If I receive the notice on Friday, and Monday is a holiday, then my last day for performance would be Tuesday. Friday and Saturday, as well as the Monday holiday, are included in the counting, they just can’t be required as a performance day.

AB 2343 changes current law with respect to which days can be counted when a tenant is given notice. Now, not only are weekends and holidays not days when performance can be required, but also, they are not days to be included in the counting. The only days to be counted are so-called court days, i.e. Monday through Friday, provided that none is a holiday.

When the new law becomes effective, if I am served with a three-day notice on Friday, counting will not begin until Monday. My last day for performance, presuming no holidays are involved, would be Wednesday.

Does this make a big difference? It probably would if you only had Monday to deal with paperwork, perhaps secure a loan, or any of a number of easily-imagined scenarios. Proponents of the bill had stated “Legal services programs throughout the state report that they are visited by frustrated tenants every day who are able to resolve the situations leading to their eviction, but not within the extremely narrow time provided by California law.” This was a particular concern with the five-day notice to respond to an eviction filing.

As it is, the original version of AB 2343 sought considerably more than what survived through the amendment process. The original version had proposed that the three-day notice periods be extended to ten days, and that the five-day notice period be extended to fourteen.

The bill was co-sponsored by the Western Center on Law and Poverty and the California Rural Legal Foundation. It also had the support of a variety of tenants’-rights groups. The bill was opposed by, among others, the California Apartment Association and the California Association of Realtors® (CAR). After the amendments, CAR withdrew its opposition.

Process Server Vs. Sheriff

Who is best to hire to get legal papers served? While the Sheriff’s Department may be the cheaper option, it’s not the best option. The Sheriff’s Department only serves, during business hours, which will make it almost impossible to serve someone who works.

Defendants are not so quick to always answer the door for an officer in uniform. Professional Process Servers have a higher success rate than the Sheriff’s Department, to get the job done. If you think the Defendant may be evading service, you must hire a Professional Process Server.

Most of the time the Sheriff’s Department is extremely busy and it could take weeks for their 1st attempt. We serve in as little as 4 hours, upon request. We provide same day service and the Sheriff’s department can’t compete, with rush service options.

We pride ourselves in customer service. That’s why many people use our services time and time again. We deliver results. Fast.

Eviction Service In Sacramento

Eviction Service always begins with a Notice To Vacate, most commonly a 3 Day Notice. A 3 Day Notice can be served for: Non-Payment of Rent, demanding to correct a violation of the lease, and for illegal activity on the premises. The 3 Day Notice must be completely accurate. Check out our Eviction Services Tab at:, for further information.

Sacramento Eviction Services

Landlord Assistance Only. We Prepare Eviction, Unlawful Detainer, & Notice To Vacate. Starting At $299. Did You Know After Serving A 3 Day Notice For Delinquent Rental Payments, You Shouldn’t Accept Any Partial Payments, After The Notice Expires?

The Future Process Server

Go Digital

Many courts already require e-filing so make sure that you are offering this service. Even if lawyers or individuals can electronically file documents themselves, process servers can provide a superior product by offering research and ensuring the paperwork is correct. If it is easier for someone to hire you versus e-file paperwork themselves, you can guarantee business. Take the time to become an e-filing pro in your area so that you are not left behind the curve.


Go where your Customers are

Don’t expect your customers to find you; put effort into advertising your business directly where your customers are. That means industry networks, process server associations, courthouses, and bar associations. You can take it one step further and offer your services directly to the local courts, or see if they have an affiliate or referral program. To get started, research courthouse and state bar associationsprocess server associations, and industry networks like ServeNow.

For more personal marketing, research law firms in your area and reach out. While they may already have a process server on retainer, it’s worth a quick introductory email to offer your services and prove why you are the best option in town.

Research New Ways to Serve

A savvy process server won’t just maintain the status quo. In order to make sure that you remain successful, research new technology that can aid accurately serving papers. There are multiple platforms that can make your day-to-day business operations easier, and help you serve. Just because something is working, doesn’t mean it can’t be better. Look into process serving software, upgrade your email to Gmail, and consider easier ways to accept credit cards.

Additionally, it’s important to recognize new technology that people are using every day that can change process serving. Doorbells like Ring and security cameras impact process servers, so take note how that changes your go-to routine, and how it may fit into applicable laws.

Access Already Available Technology

If you aren’t taking advantage of existing technology, you risk falling further behind and never catching up to process servers who embraced new ways to serve papers. GPS not only helps get you to the right address to serve papers, but it can help verify to the courts and your client that the papers are served to the right location. GPS makes your jobs easier while also improving success rates.

Electronic service of process is growing in popularity, so take the time to research applicable laws in your state, and keep that tool in your back pocket. You may have to get court approval to serve documents electronically (through social media, email, etc.) but having the knowledge and skill set to do so will help keep your business thriving.

Body cameras are a useful piece of technology that help protect process servers or provide evidence of service. In Denver, a process server provided clear evidence through his body camera that not only did he had the correct individual to serve, but that his claim of violent threat was true when a man pulled a gun on him while attempting to serve papers. Process servers everywhere should consider body cameras when serving routine paperwork should they come across a similar situation, or need proof of service.

The future of process serving should also include better safety measures, so utilizing technology like Erin’s List is a smart option for process servers. Erin’s List allows servers to report dangerous incidences in order to inform and protect future servers who may visit the same location.

Be Conscious of New Technology and Legal Trends

Even if you aren’t “techy,” it’s still vital to recognize where technology is going and how the future of process serving fits within these new tools and trends. Being aware of new technology gives you an edge because you will be able to readily apply new techniques should the technology become relevant to the legal industry. If you are left wondering what a new technology is after it’s become mainstream in process serving, you are already behind. Therefore, don’t immediately dismiss tech news or “buzzwords” you hear – do some research to see if it’s applicable to your business.

One example of legal technology trends is the Blockchain. Blockchain is an unmodifiable online digital ledger; Blockchain keeps track of transactions. Initially, it may seem like a tool strictly for online currency like Bitcoin, but a proof of concept Blockchain and process serving tool is on the horizon. This application program interface (API) tool would keep a digital ledger of successful service of process recorded in ServeManagerto a blockchain, with the potential to become a new, digital affidavit.

Create a New Product for the Changing Time

Don’t dismiss “un-servable” papers – use them as a way to find new processes, services, and technology to effectuate service. Invest in research and new ways to serve to help your company thrive and be at the cutting edge should process serving change with new digital advancements.

The future of process serving is changing with new laws and digital capabilities. The process server who researches, embraces, and implements new strategies to cope with the changing legal support landscape will gain new clients and maintain business in a challenging industry.

What is some technology that you’ve come across while serving? How have you changed your techniques to stay relevant?

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