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

Asked almost 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


    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:

    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


    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
Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now