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You are here: More Topics > Landlord/Tenant > Eviction Questions & Answers: A Guide for Tenants > How do I count the days in the notice period?

How do I count the days in the notice period?

The first day is the day after the notice is served. Then count every day on the calendar, including weekends and holidays. If the last day of the notice period falls on a holiday or weekend, then the notice period ends the next work day.

If the landlord doesn't serve the notice in person (like, if s/he leaves it with someone else or "nail and mails" it), some judges will give the tenant 5 more days.

Also, if the landlord doesn't serve the notice in person and has to mail a second copy, the landlord has to make sure that s/he doesn't start counting until the day after s/he mails the notice.

If the landlord doesn't wait to file the eviction in court until the notice runs out, s/he will lose the case.

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Last modified: 03/17/2008

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