My landlord has been lying in the past and they did not post a 3 day notice to pay rent or quit at my door and they are lying to the court saying that they did. If I do not speak to the landlord, do I call the court to see if the landlord filed an unlawful detainer? How do i address the fact that the landlord did not in fact post any 3 day notice to pay rent at my door?
Securities / Investment Fraud Attorney
need more facts but how do you know that he filed with the court? r u served with legal documents??
if yes you have 5 days to respond...
Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE)*. The information contained in this website is provided for informational purposes only, and should not be construed as a legal advice on any subject. No recipients of content from this site,clients or otherwise,should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. The Karamanlis Powers Law Offices expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this website, weblogs, twitter, facebook, google+. *the certification is not a specialty recognized by the California State Bar.
2 found this helpful
If you are served with an unlawful detainer, you file a motion to quash service if you were not properly served with a 3-Day Notice to Pay Rent or Quit. You should be aware, however, that judges are more likely to believe the landlord or landlord's agent re service of a 3-Day Notice than the defendant who has not paid rent. Good luck.
My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>
1 found this helpful
Your question is missing something. You state that the landlord is telling the Court that they did file a 3 day notice. If this is the case, there MUST be an unlawful detainer pending. How else would your landlord be communicating with the Court? But, they you ask if you need to contact the Court to see if a UD has been filed. Also, there is no need to find out if an unlawful detainer has been filed. If it has been filed, you will most likely be served soon thereafter.
1 found this helpful