We filed a response to UD- invalid 3day, service only taped to door not mailed. retaliation for exercising legal rights

Asked over 1 year ago - Fresno, CA

3day notices were only taped to the front door (CA tenants rights states it must be taped and mailed) never received copies in the mail, I tried to use email communications with the landlord (I'm not available during their office hours) and was served with the unlawful detainer after asking to resolve the issues in a friendly manner. Landlord is using rent payments to pay late fees and saying we didn't pay our rent. Can you help please! We don't want to be evicted and our lease is up on March 30, 2013

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It is not clear what "response" you filed to the unlawful detainer lawsuit. Was it a verified Answer to Complaint, and did it raise the appropriate affirmative defenses? Without knowing what denials and defenses you raised, it is not possible to tell you what to do. Keep in mind that if your lease is up on March 30th anyway, the landlord already has the right to file an unlawful detainer lawsuit against you WITHOUT any notice.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Stuart Gregory Steingraber

    Contributor Level 18

    Answered . It is risky to rely on procedural missteps by the LL because you might get a "law and order" judge. Having said that, since the UD procedures are expedited and can result in a tenant losing their living place, most judges hold LL close to the mark and don't let them proceed unless every "i" is dotted and every "t" crossed. You should consult with a landlord/tenant attorney ASAP. Some might give you a free consultation.

  3. James Louis Miller

    Contributor Level 16

    Answered . The important question here is what did you say in your response? Did you raise a defense that service of the 3-day notice was defective? If you did not you may have waived that defense because you have made what is called a general appearance. As Attorney Chan states your lease is up March 30th and notice may not be required.

    Contact an attorney in your area many, such as myself, offer free consultations.

    Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific... more

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