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"If you did not serve a 3-day, 30-day or 60-day notice", TRYING TO UNDERSTAND FILING & PROCEDURE, (unlawful detainer) CA

Compton, CA |

Trying to understand how to serve a tenant, reading "filing & serving"...

....."If you didn’t serve a 3-day, 30-day or 60-day notice, make sure you didn’t have to. There are only 3 times when you can file an Unlawful Detainer without serving a 3-day, 30-day or 60-day notice. This isn’t common."

"If you have to serve a 3-day, 30-day or 60-day notice for your case and you don’t, or if you file the complaint before the notice ends, you lose the case automatically." HELP... in laymen's terms, WHAT is this stating?

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Attorney answers 2

Best Answer
Posted

See enclosed Landlord-Tenant Guide (specifically p. 67 start) which will hopefully shed some additional light on the topic: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

Asker

Posted

thanks!

John P Corrigan

John P Corrigan

Posted

Good luck to you!

Posted

Before a tenant can be evicted, written notice to the tenant (a 3 day notice or sometimes a 30 day or 60 day notice) is usually required.

This is a strict requirement before a landlord can successful sue a tenant in an unlawful detainer (eviction) lawsuit. Common exceptions when the landlord does not need to serve notice include when a lease expires and evicting an on-site property manager when the property manager's employment ends.

For more information, see:

http://courts.ca.gov/selfhelp-eviction.htm

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Asker

Posted

thanks. oh, btw, when does the timeline officially start when i serve a tenant? do i need to serve him/her with a certified letter? like, whose to say when the clock starts? ive been doing a little online reading and it seems like once the notice is served there also has to be a timeline (and how do you prevent "he said/she said") before i can actually sue , right?

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