Tenant/Landlord

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Tenant/Landlord

I received 3day notice,then 30 day notice in January 2009, then nothing untill friday 6/05 I got a unlawful detainer in the mail. Just 1 sheet of paper- no dates of rent owed, no complaint. says I have 5 days to respond. Is this the right proceedure to an eviction? I went online to CA.COURT Info which said unlawful detainer mailings have to be approved by court after attempts of personal serving have failed. I have never been served ,I am home most of the time. Thank you!

Asked on June 8, 2009 under Real Estate Law, California

Answers:

E.H., Member, Calfiornia Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Though the answer could depend on what your rental agreement states and what kind of tenancy it is (month to month), usually a landlord who wants to end a month to month agreement can do so by serving a written notice on the tenant (can be 30, 60 or 90 days).

In addition, a landlord can give a tenant a written three-day notice under certain circumstances.

On California’s Department of Consumer Affairs website, you can read about the eviction process:

http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

If you have any questions, feel free to call them or consult one of the attorneys.

http://attorneypages.com/580CA/index.htm


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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