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To properly serve a 30 day notice using the posting and mailing method, is it required to mail the notice or just post?

Capitola, CA |

My landlord tacked a 30 day notice on my door. I have not recieved one by mail yet. Is this good defense for my respone due to improper service?
Also, I informed my landlord, in writing, of the uninhabitabke living conditions of the room I rent with a letter that he later riped up. I called the local police to express my concerns regarding his harrassment and I called the city building code department making record of my situation. It wasnt till later on that day that I recieved notice. Can the fact that I started this process the day of receipt of the 30 day notice contstitute retalitory eviction?

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Attorney answers 2

Posted

The notice must be posted and mailed to be effective. The date of mailing is the operative date. If you have lived there a year or more, 60 days notice is required. There could be local ordinances which require longer notice or limit the circumstances where notice may be given. See this link for CA's retaliatory eviction statute applicable to your situation: http://codes.lp.findlaw.com/cacode/CIV/5/d3/4/5/2/s1942.5

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Posted

Yes, it sounds like you have a valid "improper service" defense as well as a likely retaliatory eviction defense. Your original written complaints about the unit would be enough in themselves to constitute a protected action for which he cannot retaliate. Calling the police and building department just adds icing to the cake.

Kevin King, Principal- Essential Law Services. HTTP://ESSENTIALAW.COM, 415-562-6862. The information presented here is general in nature and is not intended and should not be construed as legal advice for a particular case. This post does not create any attorney-client relationship with the author of the question answered. For specific advice about your particular situation, consult with me or another qualified attorney off-site.

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