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Service of Claim for Return of Personal Property?

El Monte, CA |

As to a 'Claim for Return of Personal Property' made for the return of tenant's property (pursuant to CA Civil Code 1965), should it be served on landlord or landlord's attorney? Must it be served via certified mail?

Attorney Answers 1

Posted

I assume you are the former tenant?

Serve the letter on the landlord.

It is not essential, but highly recommended that you either send the letter via certified mail, or ask for a receipt if you deliver it in person.

Here is a sample:

http://www.lafla.org/pdf/Return%20of%20Personal%20Property.pdf

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.

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4 comments

Asker

Posted

Can you also serve the landlord with the claim via email or fax?

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

You could (in addition to), but not as a substitute for certified mail or personal delivery.

Asker

Posted

But does Civil Code 1965 requires personal service or service by certified mail? Didn't see any service requriements mentioned in Civil Code 1965.

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

No, Section 1965 does not expressly require personal service or certified mail.

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