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If a notice to vacate is said to be posted on my door but isn't, and isn't mailed to me, does it exist?

Citrus Heights, CA |

LL crossed out 30d notice and wrote in 60d. I have this first notice. LL then said a 60d was posted on my door, but I never got it (I live alone) and it definitely wasn't mailed to me. Does any notice technically exist being that an amended 30d is invalid as a new 60d needed to be served? How do I prove I never got it? Does a text message "we will post on your door" count as a 60d notice?

Attorney Answers 1


  1. You question is confusing but I would say first notice that you got seems fine. However regarding the text, that is not a notice... There's only 3 proper way... see below.

    PROPER SERVICE OF NOTICES:
    A landlord's three-day, 30-day, or 60-day notice to a tenant must be "served" properly to be legally effective. The terms "serve" and "service"refer to procedures required by the law. These procedures are designed to increase the likelihood that the person to whom notice is given actually receives the notice.

    A landlord can serve a three-day notice on the tenant in one of three ways: by personal service, by substituted service, or by posting and mailing. The landlord, the landlord's agent, or anyone over 18 can serve a notice on a tenant.

    1)***Personal service - To serve you personally, the person serving the notice must hand you the notice (or leave it with you if you refuse to take it). The three-day period begins the day after you receive the notice.

    2)***Substituted service on another person -If the landlord can't find you at home, the landlord should try to serve you personally at work. If the landlord can't find you at home or at work, the landlord can use "substituted service" instead of serving you personally.

    To comply with the rules on substituted service, the person serving the notice must leave the notice with a person of "suitable age and discretion" at your home or work and also mail a copy of the notice to you at home. A person of suitable age and discretion normally would be an adult at your home or workplace, or a teenage member of your household.

    Service of the notice is legally complete when both of these steps have been completed. The three-day period begins the day after both steps have been completed.

    3) ***Posting and mailing - If the landlord can't serve the notice on you personally or by substituted service, the notice can be served by taping or tacking a copy to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to you at the rental unit's address. (This service method is commonly called "posting and mailing" or "nailing and mailing.")

    Service of the notice is not complete until the copy of the notice has been mailed. The three-day period begins the day after the notice was posted and mailed.

    How to count the three days is explained above
    A landlord can use any of these methods to serve a 30-day or 60-day notice on a tenant, or can send the notice to the tenant by certified or registered mail with return receipt requested.

    All of this infor is on this website: http://www.dca.ca.gov/publications/landlordbook/terminations.shtml#properserviceofnotices

    There's similar posting on AVVO that is related to your situation, you should check them out. Search for related questions. GOOD LUCK!!!

    *Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)

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