Legal Question in Landlord & Tenant Law in California
Proper service of eviction papers
My landlord gave me a 3 day Notice to Quit on Sept. 21 for non-payment of rent in the amount of $995.00. I had no money to pay within the 3 days so then she gave me a 30 day notice to terminate tenancy on 9/27/05. Her husband brought a copy of the Summons to me on 10/26/05 at which time I gave them a check for $1495 -- the $995.00 amount and another $500 to have until Nov. 15 to move, clean, etc. They called and said that I owed them $1890 ($995 on Notice and rent for Oct. of $895) so they couldnt accept the pro-rated Nov. amount and they said they will bring the sheriff over to evict. If the check was applied to pay the amount on the 3 day notice dont they have to start the process over, and shouldnt I have been served the summons with a copy of the complaint and by a sheriff, process server, etc.?
2 Answers from Attorneys
Re: Proper service of eviction papers
If the landlord accepted what rent you gave them, they have waived the 3-day notice and cannot start an eviction case. Don't let them scare you by saying ''the sheriff is coming.'' Good Luck.
Re: Proper service of eviction papers
Generally, once a landlord accepts payment an eviction must cease. check to be sure the landlord cashed the check.
Also, a summons may be served by any party over 18 who is not a party to the action. If the husband is named as a plaintiff then he cannot serve.
If the eviction is not canceled you must file specific motions immediately. Contact a lawyer.
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