Legal Question in Landlord & Tenant Law in California

unlawful detainer plaintiff goofed

I am going to court tomorrow to defend and unlawful detainer brought against me. Can I ask the judge to dismiss the case due to the plaintiff not serving me the 3 day notice as 'post and mail', I did not receive the mailed notice, and under #10 ''...the amount of rent due was $ 6/16/03'' a date was written not an amount... and this doesn't even get me to my defense of not fixing a slu of repairs reported since July 20, 2002. I don't want to look stupid, but I want to say 'honour, I request this case be dismissed due to (give me a term please)''. Thanks


Asked on 7/21/03, 8:58 pm

1 Answer from Attorneys
Dan Lively The Lively Law Group, PC

Re: unlawful detainer plaintiff goofed

There are three types of services of the 3 day notice that are available: Personal service, sub-service, and post and mail. Post and mail is the least desirable, but most often used. The court could decide that the case should be dismissed due to improper notice.

Further, the amount of rent must be stated on the 3-day notice without any other costs or charges. Having the date typed in should be fatal to the case and require the landlord to start over. However, this only delay things. Your best defense in inhabitabliity. This is due to the repairs that are not being made.

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Answered on 7/22/03, 1:51 am


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