I was given a five-day notice dated July 7, 2012; this included my late fee payment. I paid the balance of my rent-and late fee payment on the 12th. I got a notice on the 15th to pay additional court costs. I was told that I did not get my payment in within the five-days. I was told that the date of the notice is included and I really had four days from that--therefore it should have been paid on the 11th. I was told that court papers were filed on the morning of the 11th first thing. Is this right?

Check with the court. If they accepted the filing then they may be right. However, Generally such a notice must include 5 full business days. If you were given the notice before 9AM on the 7th, that day be included.

Here's the law: LIS > Code of Virginia > 55-248.31

This doesn't specify how the 5 day period is counted. So it may be up to local court custom.
You can try to fight it, but the rent was late and I doubt if you would win.

It's simple arithmetic, really. Days are counted just about everywhere in the following fashion:

First day - July 7 in your case - not counted.

Second day - July 8 - first day.
...
Fifth day - Judy 12th - fifth day.

So if you were given 5 days, you should have had until July 12th.

Quote:

---

Originally Posted by AK lawyer

It's simple arithmetic, really. Days are counted just about everywhere in the following fashion:

first day - July 7 in your case - not counted.

second day - July 8 - first day.
...
fifth day - Judy 12th - fifth day.

So if you were given 5 days, you should have had until July 12th.

---

I agree, generally that would be the way it works. But in my experience a short notice like 3 or 5 days, is business days, and this period included a weekend. In fact July 7th was a Saturday.

But using your arithmetic, the landlord could not file until July 13th, since he would have to give the tenant until close of business on July 12th. Even if the 7th was counted, he would have to give to close of business on the 11th to file.

So the OP does have a case, but the fact that the payment was late, may not get them any consideration in court.

By the way, since when does Judy have her own month ;)

Quote:

---

Originally Posted by ScottGem

I agree, generally that would be the way it works. But in my experience a short notice like 3 or 5 days, is business days, and this period included a weekend. In fact July 7th was a Saturday.

But using your arithmetic, the landlord could not file until July 13th, since he would have to give the tenant until close of business on July 12th. Even if the 7th was counted, he would have to give to close of business on the 11th to file.

So the OP does have a case, but the fact that the payment was late, may not get them any consideration in court.

By the way, since when does Judy have her own month ;)

---

Oh, Scott, it's a Federal Holiday. People in my area celebrate my day with fireworks, you know, the Fourth of Judy.