Legal Question in Landlord & Tenant Law in California

Re: Proceeding with a Unlawful Detainer Lawsuit

Re-do the proof of service. You should mail them a copy of the 3-day notice as well since you did not personally serve it but posted it in a conspicuous place.

Re: Proceeding with a Unlawful Detainer Lawsuit

In general and simply put, in California personal service is not required. You may post the notice in a conspicuous place and mail the notice, however, the date of mailing in the service date. I would suggest you reserve the tenant via post and mail or personal service, whichever is easier, as you are going to have to mail the notice anyway. However, do not fill out the portion of the notice that is the declaration of service; this is not required to be served upon the tenant. My forms actually do not even have the declaration on the notice to avoid such issues. Most notices that have such a declaration, in my experience, are forms I would avoid using.

This is intended as general information for the education of the public only. It is not intended to give legal advice to your specific case, as all facts are not known of your case. If you need further assistance you should consult an attorney.

Re: Proceeding with a Unlawful Detainer Lawsuit

In California, There are several kinds of 3-day notices:

* If the tenant has not paid the rent, the landlord may send a 3-day notice to "pay or quit". The tenant must pay the full amount of rent owed within the 3 days (including weekends) or move out.

* If the landlord accuses the tenant of violating the lease agreement, the tenant has 3 days to stop the conduct or move out.

* The landlord can give a 3-day notice to vacate if the tenant is committing serious damage to the property, creating a "nuisance" or using the property to perform illegal acts. In these cases, the landlord does not have to give the tenant a chance to cure the problem.

The landlord must serve the tenant with the written notice to quit by 1) giving it to the tenant personally, or 2) serving a copy with another person at the unit and mailing a copy, or 3) posting a copy on the property and mailing a copy to the tenant(under your particular circumstances, this would BE the route to take).

If the tenant does not comply with the 3-day notice, the landlord may start eviction procedures on the 4th day. The tenant has 5 days (including weekends) after receiving the eviction notice to respond by filing an "Answer" along with a copy of the eviction notice with the court. If the tenant does not file these papers, he/she automatically lose the case and do not go to court. At this point, the Sheriff will post a notice to move out within 5 days. If the tenant does not move, the Sheriff can physically evict him/her and lock the premises. If the tenant's possessions are inside, the tenant will have to pay storage fees to have them returned.