Legal Question in Landlord & Tenant Law in California
I received a Declaration of Service of Notice taped on my front door on Oct 31 2011 (On the copy of this notice my Landlord stated she had personally handed this notice to me).
On April 9 2012 I was FINALLY served with an Unlawful Detainer Complaint. How can I answer this?
2 Answer from Attorneys
Three-day notices to pay or quit may be posted on the front door or the gate if no person over 18 is found at home. A copy must be mailed to the known occupant.
You might raise the service issue as an affirmative defense to the complaint. Frankly, though, it appears that you knew about the notice. A better defense would be that you tendered the rent requested within 3 days of seeing the notice but it was refused. You'd have to show proof that you tendered it and it was returned or refused.
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