*3In this residential unlawful detainer matter, plaintiff Andy Hsieh timely appeals the judgment entered in favor of defendants Aaron Barrios and Jacqueline Mor after the trial court granted defendants' motion for judgment on the pleadings. We find meritorious plaintiff's contention that because he did not prematurely file the complaint, the trial court erred by granting defendants' motion for judgment on the pleadings.
BACKGROUND
On April 22, 2017, plaintiff personally served defendants with a 14-day notice to pay rent or quit (notice)
"YOU ARE HEREBY REQUIRED within FOURTEEN (14) days after service on you of this notice to pay the ... rent in full to the owner of the premises, OR to QUIT AND SURRENDER POSSESSION OF THE PREMISES.
"¶ ... ¶
"Make Check Payable to: Andy Hsieh
"Pay Rent to: Andy Hsiesh
"Address: 21725 Gateway Center Dr. Diamond Bar, CA 91765
"Phone: 909-860-6255"
"Hours/Days available: 9am to 5:30pm Monday to Friday." (Original underlining.)
On May 10, 2017, plaintiff served defendants with an unlawful detainer complaint seeking restitution and possession of the premises. The pertinent *4allegations of the complaint were that defendants were served on April 22, 2017, with a 14-day notice to pay or quit, and failed to comply with the notice. A copy of the notice was attached to the complaint as an exhibit. On May 22, 2017, defendants filed their answer and raised as a defense that the notice was defective.
On June 23, 2017, defendants filed a motion for judgment on the pleadings on the ground plaintiff did not comply with section 1161, subdivision (2),
In his opposition, plaintiff argued that under section 1161, subdivision 2, he was only required to give defendants three days' notice, and since the 14-day period exceeded the three-day minimum requirement, the motion should be denied. He further argued that Saturdays and Sundays were to be counted in calculating the notice period, and if the 14th day fell on a weekend, then the rent was due the following Monday.
On June 26, 2017, the cause was called for hearing on defendants' motion. The court heard argument and took the matter under submission. On June 30, 2017, the court issued a three-page ruling granting defendants' motion. The court found that the requirement in the notice "to pay only Monday through Friday limited the tenant's ability to pay within the full 14 day period and that the complaint was filed prematurely on May 10th, as the 14th [day] would have been May 11th."
On the same date, the court entered judgment in favor of defendants and against plaintiff. This timely appeal followed.
DISCUSSION
Plaintiff contends that the notice complied with section 1161, subdivision 2; that the notice allowed for tender of payment *704either in person or by mail; and that the complaint was filed after the full 14-day notice period expired such that it was not premature. We agree. *5Standard of Review
Our review of a judgment on the pleadings is de novo ( People ex rel. Harris v. Pac Anchor Transportation, Inc . (2014)
Section 1161, Subdivision 2 and Statutory Construction
Section 1161, subdivision 2, governs the contents of a notice to pay rent or quit. The statute provides, in relevant part, that a tenant is guilty of unlawful detainer for the nonpayment of rent "[w]hen he or she continues in possession ... without the permission of his or her landlord, ... after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days' notice,[
" 'Under general settled canons of statutory construction, we ascertain the Legislature's intent in order to effectuate the law's purpose. [Citation.] We must look to the statute's words and give them their "usual and ordinary *6meaning." [Citation.] "The statute's plain meaning controls the court's interpretation unless its words are ambiguous. If the plain language of a statute is unambiguous, no court need, or should, go beyond that pure expression of legislative intent." ' [Citation.]" ( In re Jose S . (2017)
Under the clear language of the statute, the decision to allow personal payment of the rent, in addition to allowing payment by mail by the tenant , is up to the landlord. This is evident from the conditional clause that follows the text in the statute specifying the information that must be included in the notice-the amount of outstanding rent, and the name, telephone number, and address of the person to whom the rent shall be paid. The conditional clause, which begins with "if payment may be made personally" (italics added), sets forth the additional information that must be included in the notice if the landlord is willing to allow the rent to be personally delivered.
Thus, under the statute, if plaintiff served a 14-day notice and elected to give defendants an option to pay their delinquent rent personally , then he was required to include in the notice amount of rent due, the name, address, and telephone number of the person to whom the rent payment was to be made, and the usual days and hours that the person identified was available to receive the payment. In contrast, a landlord who elects to receive the delinquent rent by mail only is simply required to include in the notice the amount of rent due, the name and address of the person to whom the rent payment shall be mailed, and a telephone number for that person.
The Notice Was Valid
The inclusion of the weekday hours that Hsieh was available to receive payment and/or phone calls did not preclude payment by mail. The notice contained a street address, and there was no language indicating payment was required to be made in person rather than by mail. As such, there was no basis for the court to conclude that the notice required defendants to deliver their payment to Hsieh in person. The trial court's finding that the notice "doesn't provide another way to pay except for in person service" is unsupported by the record and the plain meaning of the statute. The notice gave defendants the option to either mail or personally deliver their payment to Hsieh. ( Smiley v. Citibank (1995)
*7Schabarum v. California Legislature (1998)
The Complaint Was Not Premature
Where an unlawful detainer proceeding is based on the tenant's breach, the cause of action does not arise until the expiration of the notice period without the default being cured by the tenant. (§ 1161, subd. 2; Downing v. Cutting Packing Co. (1920)
In the case sub judice , the complaint alleged the notice was personally served on defendants on April 22, 2017. Although the record does not include a proof of service, defendants did not dispute the date of service in their motion, and properly pled facts are deemed true. ( People ex rel. Harris v. Pac Anchor Transportation, Inc. , supra , 59 Cal.4th at p. 777,
DISPOSITION
The judgment is reversed. Plaintiff to recover costs on appeal.
We concur:
Kumar, J.
Ricciardulli, J.
As contained in the record on appeal, the notice is not accompanied by a proof of service.
Unspecified statutory references are to the Code of Civil Procedure.
Although the parties' written agreement is not before us, we note it is well established that parties may, in their lease, provide for termination of the leasehold based on a notice period longer than that prescribed by statute. (Fifth & Broadway Partnership v. Kimny, Inc. (1980)