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

Asked about 2 years ago - 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?

Attorney answers (2)

  1. Michael Raymond Daymude

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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...

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Kevin Lewis King

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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... more

Related Topics

Notice to vacate property

A notice to vacate is a written notice from a landlord telling a tenant to move by a certain date. Often you'll have 30 days to leave, but state laws vary.

Caspar S. Jivalagian

UNLAWFUL DETAINER GUIDELINE

A step-by-step approach to handling California Unlawful Detainer Actions NOTICE 3-Day-Notice to Cure or Quit: This notice is usually used when a tenant has failed to tender or if there is a... more

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,342 answers this week

3,083 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,342 answers this week

3,083 attorneys answering