Legal Question in Real Estate Law in California

Re: rentals

Contact your landlord and see what is going on. Perhaps he/she is upset because you do not pay on the first [point out if you are a good tenant that they will have to rent to someone else who may likely be a bad tenant and the unit will sit vacant for perhaps more than a month]. Find out if you can work out some type of reasonable compromise. If you have rent/eviction control in your area, call up the local agencies that handles it to find out what you can do.

Evictions are governed by the law; service of the notice must be done by either personal hand delievery to you, leaving it with a resonable adult likely to give it to you, or posting it on the building and mailing you a copy . They must be attempt a reasonable number of times in that order. It appears that none of them were done so the notice is defective. Don't mention that unless th landlord is refusing to be somewhat reasonable, as he will merely do it the next time correctly. If he files for eviction , demurrer to his complaint on basis of improper service.

Re: rentals

Does the unlawful detainer claim that rent is unpaid? There is no grace period under the law and your rental agreement may merely state that there is a period of 6 days before a LATE CHARGE is owing--this is a common provision, but it does not mean that the rent is not due on the date stated in your rental agreement (i.e., 1st of month or 15th, etc.)and it is past due if not paid on the actual day due. Also, did you merely put your check in the mail, or actually hand it to the landlord? Was your check returned by the bank? Did you first receive a three day notice and the three days has past? If so,the unlawful detainer may be valid if the landlord did not actually get the rent in his or her hands during the three days.