Serving the tenant in jail 3 day notice or quit

Asked 11 months ago - Fullerton, CA

can the landlord do this also what happens if tenant is incarsrated and cant respond to the 3 dayf notice and is not getting out if custody for another 2months

Attorney answers (2)

  1. Paul Francis Easlick

    Contributor Level 13


    Lawyers agree

    Answered . The notice can be served as usual - in this case by posting and mailing if the tenant is not at home. It is irrelevant whether the tenant is in jail or anywhere else. Just be sure you serve the right notice for the right reason. If the 3-day notice is for non-payment of rent, then the tenant must be behind in rent. If it is a 3-day notice to quit, as you say, then you may serve such a notice for various reasons, but not simply because the tenant is in jail.

  2. Kevin Samuel Sullivan


    Contributor Level 20


    Lawyer agrees

    Answered . if you need to serve this notice to the tenant then you can discuss with a process server or sheriff how best to accomplish it.

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