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Landlord does not post 3 day notice to pay rent or quit and lies to the court that they did

Beverly Hills, CA |

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?

Attorney Answers 3

Posted

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...

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Asker

Posted

Not been served with legal documents, yet, but 3 day notice was not posted at door as their standard procedure. They always post the 3 day notice on the door of the tenant by the second Tuesday of each month as they close their books by circa the 10th or 12th of each month. Usually the post the 3 day notice on the 3rd of the month but not always. Should I call the court and see if they have filed? Or should I wait to be served first? Also they may file an unlawful detainer and claim that they served me with it when they did not. I have not been served with an unflawful detainer.

Asker

Posted

Thank you Athina you are a wonderful attorney and wonderfully talented and a wonderful human being :)!!

Athina Karamanlis Powers

Athina Karamanlis Powers

Posted

u welcome

Asker

Posted

:) Have a wonderful day! Thanks for speaking with me yesterday. Απολαύστε την ημέρα σας

Athina Karamanlis Powers

Athina Karamanlis Powers

Posted

u 2

Posted

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.

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Thank you Michael :) you clearly have so much experience and really know the law. I appreciate it!

Posted

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.

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Thank you Ronald :) for the amazing answer :) I am extremely impressed and appreciative

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