Legal Question in Landlord & Tenant Law in California

Not properly served?

I am writing on behalf of my blind mother.

She was served 3-day notice to pay rent on 1/6/2005. Attempted to pay on 1/12/05 but it was refused. Manager stated attorney had filed ''unlawful detainer eviction''. (She had verbal agreement with manager to pay on the 2nd weds. of every month - when she receives her SSI check. Rent accepted for previous 8 months late).

She was not served with any papers or summons. No personal service, no mail, no posting on door. Only notification was manager's verbal remarks to her.

Today she received a notice to vacate ''Writ of Possession of Real Property'' from sheriff's department. 5 days to vacate.

She wants to move out (doesn't want to stay where they don't want her). But 5 days is a problem. What can she do?


Asked on 2/03/05, 6:07 pm

1 Answer from Attorneys
Robert Winkler The Law Office of Robert James Winkler

Re: Not properly served?

It is upsetting to hear about this type of situation. Your mother may have affirmative defense to the Unlawful Detainer with respect to nonpayment of rent and improper service of process.

What she needs to do is contact a local attorney who practices landlord and tenant law. Pending more information, she may be able to file a motion to set aside default judgment or a similar motion under california code of civil procedure section 473.5.

Due to the short time line, it may be difficult or impossible to stay the lock out date, so she should prepare to move ASAP. If your mother cannot afford an attorney, a legal aid society or senior's rights group may be available for this type of situation.

If you need assistance, please feel free to contact my office.

Read more
Answered on 2/03/05, 8:17 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California