Legal Question in Landlord & Tenant Law in California

Hello,

I came home to find an eviction notice (unlawful detainer) on my porch. I was initially served with a 3-day pay or quit. My question is-since I wasn't served personally does my manager have to get an order to post and mail? I'm trying to determine whether I have 5 or 15 day to reply to the summons.

Thank You!!

Laura


Asked on 5/26/11, 1:50 pm

1 Answer from Attorneys
Kenny Tan Law Offices of Kenny Tan

Unlawful detainer is a lawsuit not a 3-day notice. It can be only be served personally (if you're there to receive it), by substitition (other peson who is a household member or co-occupant), or by posting and maling. Yes, they do need to get a court order for that. Go to the civil counter and inquire. If they got a court order to post, you've got 15 days. If they didn't, the posting is improper servicem you may file a motion to get it quashed.

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Answered on 6/04/11, 3:39 pm


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