Legal Question in Landlord & Tenant Law in California
I have an Unlawful Detainer-Eviction Notice. On the face of the document it sates, "You have five(5)calender days from the date to file a written response" The document is dated SEP 25 2009. I received this as it was slipped under my door on SEP 29 2009. But I have no way of proving that because no one signed for the receipt of the document. Which date begins my 5 day period
1 Answer from Attorneys
A "notice" is a non-court document prepared by the landlord; a sumlmons and complaint for unlawful detainer is an official court form gilviln;g you 5 days from the date of service to file an answer or your default can be taken [you are not allowed to defend yourself]. You must either be personally served by someone other than a party to the lawsuit personally offering to hand you the papers or if several unsuccessful efforts are made to serve you it can be served upon an adult who can reasonably be anticipated to give you the summons and complaint. Slipping the papers under the door is not service; you could file a demurrer to the complaint statling you were never served property, and then the landlord has to re-serve you. Call up the landlord and try to get him to voluntarily drop the claim of service and have him retry to serve you, or better yet work out some type of mutually acceptable compromise.
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Can I file an extension once I receive a court date for unlawful detainer? Asked 9/28/09, 1:51 pm in United States California Landlord & Tenants