If you’re preparing a 3 day eviction notice, be aware that Legal Holidays do not count as days, including Memorial Day.

With Memorial Day just around the corner, it’s a time to reflect and honor all Americans who have died while in the military service.

Memorial Day is not to be confused with Veterans Day. Memorial Day is a day of remembering the men and women who died while serving, while Veterans Day celebrates the service of all U.S. military veterans.

Memorial Day typically marks the start of the summer vacation season, while Labor Day marks its end.

As this is a legal holiday, it is NOT to be counted as one of the days in your count of the 3 day eviction notice. Therefore, if you recently sent out a 3 day notice to a tenant, double check to see how you COMPUTED THE EXPIRATION DATE ON THE NOTICE.  An error, such as wrongly calculating the date of expiration on your Notice can render both the Notice, and ultimately the eviction, to be defective and you will have wasted your valuable time.

TIP: When preparing a 3 day notice, always check to see what holidays are coming up, as this leads to a huge source of incorrect notices that get disregarded by the court.  Only legal holidays observed by the court (courthouse closed) in the county where the property is located must be excluded from the 3-day notice count.

For more tips on legally producing the 3 day notice, see our article COLUMBUS DAY – CORRECTLY DATING THE EXPIRATION DATE OF THE 3 DAY NOTICE 

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Posted by: marvinkatz on May 24, 2014