If you are a landlord in San Diego, you likely know that the eviction process is a high-stakes game where one wrong move can cost you months of rent and thousands in legal fees. You may have followed the same 3-day notice procedure for years, assuming that as long as you got the rent amount right and served the papers correctly, your case would hold up in court.
However, a landmark California ruling, Eshagian v. Cepeda (June 26, 2025, B340941), has fundamentally changed the requirements for these notices. If you are not careful, your standard 3-day notice could become a "legal trap" that leads to your entire unlawful detainer case being dismissed before it even begins.
At the Law Office of Andrew H. Griffin, III, APC, we have seen how these technicalities can derail even the most justified evictions. Because Andrew is both a seasoned eviction attorney and a licensed California real estate broker, our firm understands the practical and legal intersections that San Diego property owners face every day.
What is the Eshagian v. Cepeda Ruling?
For a long time, California Code of Civil Procedure Section 1161(2) has dictated how rent demands should be handled. But the Eshagian v. Cepeda case, published on June 26, 2025, added a new layer of mandatory clarity that many landlords are currently overlooking.
In this case, the court ruled that a 3-day notice to pay rent or quit is legally defective if it does not explicitly guide the tenant through the math of the 3-day window. It is no longer enough to simply give the tenant "three days." You must now show your work. The court found that because the landlord failed to specify the start and end dates of the period: and failed to mention that weekends and holidays were excluded: the notice did not give the tenant a fair opportunity to comply.
This means the "standard" notices you might find at an office supply store or on a generic legal website may no longer be sufficient in a San Diego County courtroom.
Why Do You Need to Exclude Weekends and Holidays?
It’s a common misconception that "three days" means any three consecutive days on the calendar. You might think that if you serve a notice on a Friday, the tenant has until Monday to pay. In reality, the law is much more generous to the tenant: and much stricter for you.
Under the new ruling, your notice must explicitly state that the 3-day period excludes Saturdays, Sundays, and judicial holidays. If you serve a notice on a Thursday before a long holiday weekend, those "three days" might not actually expire until the following Wednesday or Thursday.
If your notice states a deadline that falls on a Sunday or fails to mention that the weekend doesn't count, a judge in the San Diego Superior Court could rule that your notice is "legally insufficient." This results in a dismissal, meaning you have to start the entire process over from scratch: all while your tenant continues to live in your property for free.
Is Your Payment Location "Available" to the Tenant?
Another critical trap highlighted by recent legal shifts is the "availability" of the payment location. If you require your tenant to pay rent in person, you must provide a specific address and the hours that person is available to receive the payment.
But here is the catch: if the location you specify is closed during any part of that 3-day window, that time does not count toward the notice period. For example, if you list your business office as the payment location but your office is closed on Monday for a staff retreat, you cannot count Monday as one of the three days.
Eshagian v. Cepeda emphasizes that the notice must be clear and the payment method must be accessible. As an experienced real estate broker, Andrew H. Griffin, III understands that property management involves many moving parts. Ensuring your office hours align with your legal notices is a detail you cannot afford to miss.
How Do You Make Your 3-Day Notice "Eshagian-Proof"?
To avoid the dismissal trap, your 3-day notice to pay rent or quit should be more detailed than ever. When you review your current notice forms, ask yourself the following questions:
- Does it state the exact start and end dates? You should explicitly tell the tenant when the clock starts and when the final deadline for payment is.
- Does it mention the weekend/holiday exclusion? You must state that Saturdays, Sundays, and judicial holidays are not included in the three-day count.
- Does it warn of forfeiture? The notice must clearly state that failure to pay will result in the "loss of possession" or forfeiture of the lease.
- Are the payment instructions bulletproof? You need to provide the name, phone number, and address of the person to receive payment, along with their available hours.
If you are unsure if your notice meets these high standards, you should contact the Law Office of Andrew H. Griffin, III, APC immediately. You can reach us at 619 853-3009 or contact us online to have your documents reviewed by a professional.
Notes for Business Owners
If you own commercial property in San Diego, the Eshagian ruling is just as relevant to you as it is to residential landlords. Commercial evictions often involve significantly higher dollar amounts and more complex lease terms. While the 3-day notice for a commercial tenant has some differences regarding the "estimated" rent amount, the procedural requirements for calculating time remain strict. A defective notice in a commercial case can lead to even longer delays, as commercial unlawful detainer cases often move through a different rhythm in the court system. Whether you are managing a retail space or an industrial warehouse, your notices must reflect the most current California case law to protect your investment.
Why Andrew’s Dual Status Matters for You
Navigating the eviction process in San Diego County requires more than just a template. It requires an understanding of how the law is applied in the local courts and how the real estate market actually functions.
Because the Law Office of Andrew H. Griffin, III, APC is led by a California-licensed real estate broker and an experienced attorney, we bring a unique perspective to every case. We don't just look at the law; we look at the logistics of your property management.
Andrew is also a seasoned bankruptcy attorney who has spent decades helping San Diego families and individuals navigate financial distress. This background is invaluable for landlords because we often see tenants attempt to stall evictions by filing for bankruptcy. Having a lawyer who understands both sides of that coin means you are better protected against "tactical" bankruptcy filings designed solely to delay your possession of the property.
What Should You Do If You Need to Evict a Tenant?
It is normal to feel frustrated or overwhelmed by the constant changes in California law. Many landlords believe that the system is "rigged" in favor of the tenant. In reality, the law simply requires a very high level of precision from the landlord. When you provide that precision, the process works.
If you are facing a non-paying tenant, do not wait until you have already served a potentially defective notice. Taking the wrong first step can set you back months. Instead, follow these steps:
- Stop and Review: Before serving any notice, ensure it complies with Eshagian v. Cepeda.
- Gather Documentation: Have your lease agreement and ledger of unpaid rent ready.
- Seek Professional Advice: Contact a firm that understands the nuances of San Diego real estate law.
The team at the Law Office of Andrew H. Griffin, III, APC is available 24/7 to assist you. We offer bilingual services in English and Spanish and provide text messaging communication for your convenience.
Contact the Law Office of Andrew H. Griffin, III, APC Today
Don't fall into the 3-day notice trap. Whether you are dealing with a residential non-payment issue or a complex commercial dispute, our 40 years of experience in San Diego County can help you regain control of your property.
- Call us: 619 853-3009
- Text us: 619 330-5456
- Visit our website: https://www.andrewgriffinlawoffice.com/contact/
We are here to ensure your legal notices are bulletproof and your property rights are protected.
