Parent and other tenant not home. Also sent them notice via regular mail and taped copy of notice to front door. One of tenants on rental agreement does not live at the property but had helped other tenant pay rent in past but does not wish to contribute any longer. Does that tenant need to be served at all and if so are they served notice at their new property address (different city) or at the rental unit
Yes the UD form complaint even says at section 8: (8)(3) The notice in item 7a was served on the defendant named in item7a as follows:by posting a copy on the premises on(date): 9/16/14 I I AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date): 9/16/IA
nothing in the answer above constitutes legal advice. nothing in the answer above creates an attorney-client relationship between myself or my firm and any persons on AVVO.
Typically, serving a 3-day notice can be achieved by POSTING the notice by the door and mail a copy to the same address afterward as suggested. However, I would avoid leaving the notice with a minor if parents are not home.
Two separate issues: (1) is service of a three day notice on a minor sufficient and (2) is service on the non-residing co-tenant necessary.
(1): Notices to pay rent or quit must be served in compliance with Cal. Code Civ. Proc., §1162. That section says that you can deliver to a person "of suitable age and discretion" and mail it to the tenants (addressed at the property). Case law says that, e.g., a 16 year old had sufficient "age and discretion" to receive notice (see, Lehr v. Crosby (1981) 123 Cal App 3d Supp 1), so it will depend, in part, on how young the minor is. That said, while you don't want to get mired in a challenge to service of your notice, it sounds like you complied with another subparagraph of §1162, which states that it's sufficient service if you leave it with "a person there residing", you post it, and you mail it to the tenant, addressed to the property.
(2): case law also says that you can serve one co-tenant on behalf of both (see, Gentry v. Citron (1918) 36 Cal App 288), so you should be fine there as well. However, you will need to have named that person in the three day notice, and you will want to name them as a defendant in the complaint, or else you might end up evicting only one of the tenants, leaving the other one with a right of possession.
Also, keep in mind that the rules for service of the complaint and summons are different than the rules for a three day notice.
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