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 10 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


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