Legal Question in Real Estate Law in California

Re: 3-day notice

The manner of serving a three-day notice preceding an unlawful detainer action is prescribed by statute. See Code of Civil Procedure section 1162.

There are three possible methods. #1 must be used if possible; if not, #2 may be used; and if that won't work, the last resort is #3:

(1) personal delivery at home or at work;

(2) if the tenant is absent from his place of residence and his usual place of business, the tenant may be served by delivery of the notice to a person of suitable age and discretion at either place, followed up by mailing the notice addressed to the tenant at his place of residence.

(3) if the tenant's residence or place of business cannot be determined, or if there is no person of suitable age and discretion there, the notice can be served by posting, delivering to any person found there, and mailing a copy addressed to the tenant at the address where the property is situated. All things mentioned in this method 3 must be done, if possible; they are not alternatives.

The statute specifically requires (for #2) addressing to the tenant's "place of residence" or (for #3) addressing to the "place where the property is situated."

With respect to your specific question, I would say that if mail is delivered to the "physical" address, then the physical address should be used. However, there are situations where the post office does not deliver to a physical address. I know this because that is the situation at my home - a farm that is pretty close to town; the USPS is too cheap to offer RFD service here, so I get a "free" box in town and have to walk or drive in every day to get my mail. Mail that is addressed to my street address usually ends up in my P.O. Box, but sometimes it is simply returned to the sender. If that were the case, I think you should send the notice to BOTH the box and the street address.

Finally, I'd say that in enforcing the service-of-notice laws, judges appreciate strict compliance with the words of the statute, but tend also to appreciate and allow bona fide attempts to get the job done and they do not insist on acts that are assuredly going to be futile.