Legal Question in Landlord & Tenant Law in California
On 09/09/09 the landlord left a 3-day notice with my babysitter, neither my girlfriend or I were home at the time. My babysitter is not on the lease it is only my girlfriend and I who are on the lease. They failed to mail a copy of the 3-day notice. It is now 10/01/09 and I received an eviction notice this morning. The notice states that they left a 3 day notice on my door thus they are saying they never handed it to my babysitter. Either way they never mailed a copy of the 3 day notice to my residence, is this a legal 3-day notice? How do I respond to this eviction letter, what should I say? I called the landlord and told her my situation I told her I would have the money but she told me it was too late, my intention was to pay the rent. How can I prove to the judge that my babysitter received the 3 day notice and that the landlord never mailed me a copy of this notice. My babysitter is willing to testify if need be. I have 5 days to respond and I do not know how to fill out my response properly, thank you.
1 Answer from Attorneys
What you received was a summons and complaint for unlawful detainer; you must fill out and file with the court a "general denial". Get a copy of the court form answer for evictions, check the boxes, deny all the allegations, file with the court and mail a copy to the landlord. You could also file a demurrer in which you allege that service was improper in that there is no showing of their trying several times to serve the two of you personally and there was no mailing of the notice after sustituted service on the babysitter [it has to be served on an adult]. The landlord must first get a judgment from the court before gettilng the sheriff to evict you.
Sent the rent that is due to the landlord; if she cashs the check then the three day notice is no longer valid. You can get a declaration from the babysitter if you demurrer, but if you file an answer then the issue of service is waived.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
