Legal Question in Landlord & Tenant Law in California

I was served a three day notice to pay rent or quit, my landlord gave it to me. A week later I received a "Clerks Notice of Unlawful Detainer". Have I been served with summons and complaints or do they still have to serve me?


Asked on 10/13/09, 3:47 pm

2 Answers from Attorneys

Melvin C. Belli The Belli Law Firm

Sounds like you were served with a summons and complaint, but the documents should say that on them. One would say summons and the other would say complaint for unlawful detainer. The LL must personally serve you or after a reasonable number of attempts usually three can do a substituted service which is giving to any competent resident of your apt over the age of eighteen. Generally you have 10 days after the service to file an answer or other response such as a motion to quash or demurrer. You must file the appropriate paper at the clerks office in the courthouse where your LL sued you within that period of time or the LL will get a default judgment against you. I would suggest you call the LL or the attorney and try to work something out before the both of you waste a bunch of time and money in court. Either work out a payment schedule or agree to vacate the property by a reasonable date say 3 to 5 weeks because it will probably take them that long to get you evicted anyhow.

Hope that helps and good luck to you.

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Answered on 10/13/09, 6:18 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

No you must be served with a SUMMONS and COMPLAINT. Contact me directly.

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Answered on 10/14/09, 10:52 pm


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