Legal Question in Landlord & Tenant Law in California

Unlawful Detainer

how many times will they try to deliver the Unlawful Detainer? Are they allowed to deliver it on Sundays?what if no one is there to receive the form, will they leave a proof of service? If we moved out before the eviction trial, can we still get evicted?


Asked on 5/08/07, 10:48 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Unlawful Detainer

There is no limit, and the offical legal word is "serving". You can be served any time, night or day, and service is good, even you you refuse it, if the papers are dropped at your feet. You can also be served by certified mail, leaving it with an adult (18 year old and up) at your residence, or posting it on the door, or a gate or fence, if gate or fence is locked. The proof of service goes to the court, as well as to the landlord (by the way, landlord cannot serve his own eviction, but his spouse or kids or neighbor can)...If you move out before the trial, there is nobody to evict, but it is a definite mark against you on your credit reports.

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Answered on 5/09/07, 2:27 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Unlawful Detainer

They can try to serve as often as they need to, on any day of the week. If no one is there, they have to either serve someone who lives there or get permission of the court to publish the summons in a newspaper. If you move out, then there's no way to be evicted. However, they can still go after you for the rent you owe.

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Answered on 5/08/07, 11:02 pm


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