Legal Question in Landlord & Tenant Law in California

Three Day Notice requirements
I received a ''three-day-notice'' to repay rent or quit in the mail (two days after it was sent). When I went to the leasing office, they stated that they had ''Posted a copy to the front door'' the same day the notice was sent. I informed them that I was home all day, and when I left my apartment later on the night, there was no notice. I also asked why they hadn't knocked on my door or rang the door bell and the reply was that they are only required to ''Nail and Mail''. Is this legal? I thought they had to attempt to personally give me the notice. They sent the account to their lawyers, accepted my rent payment (including a late fee), and said that I can stay in my apartment as long as I pay the attorneys fees. Afraid of being evicted, I agreed to pay the attorney fees. Is this legal too?

Thanks for the help.

Asked on 8/18/08, 4:19 pm

Robert L. Bennett Law offices of Robert L. Bennett

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Re: Three Day Notice requirements

Unfortunately, you will probably need to retain your own attorney(s) to fight this.

They are supposed to try for personal service before a "nail and mail".

Unless you agreed in the lease to late fees, you shouldn't pay them. If you were my client, I wouldn't let you agree to attorney fees that easily.

You are welcome for the "help", but next time ask a lawyer before the "dirt" hits the fan, not afterwards. You are your own worst enemy.

Answered on 8/19/08, 8:52 am

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