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Hi my landlord lost his summons and complaint . Because I won the motion to quash service of summons

Concord, CA |

And my landlord posted a new 30day notice then day later he mailed me a 3 day notice to pay rent . Now my landlord hired a attorney after he lost in court can he still evict me even though the 30 days hasn't expert yet

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Attorney answers 4

Best Answer
Posted

Yes, just because you successfully quashed service of the summons, it doesn't mean you can't be evicted. Your landlord can still evict you in one of several ways. He could properly re-serve the original summons and complaint. He could re-file a new unlawful detainer complaint based upon a 3 day notice to pay rent or quit. Or he could wait until the 30 days expires and file a new unlawful detainer complaint based on the 30 day notice of termination.

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

So what paper work can I file

Posted

So you won and the LL lost. Now the clock starts over and he seems like he is trying to cover all his bases by giving a 3 day and a 30 day. I believe he is within his rights to go through with the 3-day route rather than wait the 30 days.

Good luck

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

Asker

Posted

But he post the 30day notice first and he still using the some ud case not a new is that legal

Thomas Anthony Schaeffer

Thomas Anthony Schaeffer

Posted

I realize he posted the 30 day first but he can still go 3-day since you haven't paid. I'm not sure what your saying as far as the what he is using from the UD case. That case is over and he shouldn't be referencing it again...

Asker

Posted

But can he if he amended it and hired an attorney

Posted

To answer your comment question, once the notice period expires and you have not either paid or moved out, he will file another Unlawful Detainer action, to which you should file an Answer or, if the circumstances are right, a demurrer or another Motion to Quash service.

Kevin King, Attorney at <a href="HTTP://ESSENTIALAW.COM">ESSENTIAL LAW SERVICES</a>. The information presented here is general in nature and is not intended and should not be construed as legal advice for a particular case. This post does not create any attorney-client relationship with the author of the question answered. For specific advice about your particular situation, consult with me or other qualified legal counsel.

Asker

Posted

My landlord didn't file a new ud he still processing with the same ud case he gave me a 30 day notice 7day before the motion to quash service of summons which . When I sitting in court my landlord through a 3day notice to pay rent at my chest . Then days later he mailed 2 new 3day notice to pay rent or quit . Then on 1-1613 he sub a attorney can he stillproceed with the same ud . If he how come I got a 30day then a 3 pay . Is there any thing I can do to challenge it at the point

Asker

Posted

I am lawyer and poor looking for a place to.rent but if the mean Wale I still need fight . And I am very sick with bronchitis the doctor told me to.rest till I see him in 2 weeks I am so stressed if you have any great that could help me I would like to.hear. I street out to the core

Posted

He can try to bring another UD upon the exipration of the notice period. You can then assert whatever arguments you wish to make in response to the complaint. Perhaps you can try to negotiate a resolution out of court. Anyway good luck and perhaps getting some legal advice would be helpful.

Asker

Posted

There is no legal help for disabled people who are poor we treated like trash ok thanks for your help

Asker

Posted

There is no legal help for disabled people who are poor we treated like trash ok thanks for your help