Notice Of Unlawful Detainer, But Not 30 Day Notice To Move
My question involves an eviction in the state of: California
I received a Notice of Unlawful Detainer (eviction)from the Superior Court of California yesterday 05-09-08, but I have not received from my landlord a 30 or 60 day notice to move, Is this legal?, Can I be evicted without a written notice to move from my landlord?
I pay my rent every month on time but for some reason my landlord doesnt want me to live here anymore. The eviction notice doesn't say much is just one sheet stating that an eviction action has been file and that I have 5 days to respond.
As I did not know I was going to be evicted on 05-03-08 I paid my rent to my landlord with a check, the same way I do it every month, my landlord took the check and ask me when I was moving out, I was surprised by his question and I said "you mean ,move out?", then he said "yes, you are on 60 day notice to move out", I said " no I am not, I haven't received any notification from you to move out", then he replied, "I have to talk to my people about it", I walked away.
On 05-08-08 one day before I received the eviction notice from the court I found in my mail box the rent check I gave him on the 3th. He didnt cash the check, he returned to me in a white envelope with my name, the letter was not mailed, just dropped in my mail box.
I need advice on what to do, I did not know I needed to move on a certain day,as did not receive a notice to move, if I would have received a 30 days notice I would have moved, I try to call my landlord but he is not returning my calls.
need help
Re: Notice Of Unlawful Detainer, But Not 30 Day Notice To Move
The one page letter you received in the mail is not the actual summons, it is notification that the court sends to you (as a courtesy) that a case has been filed against you. You have 5 days to file an answer from the day you are served (which from the tone of your post hasn't happened yet), but because your landlord doesn't seem to be doing things above board, you may want to file an answer anyway just to protect your behind.
Also some things you want to do:
Go to the courthouse and pull the file. You'll be able to read it since it's your case. There you can see what they say you were served (3, 30 or 60 day notice) and when. A copy may even be in there.
Pull out your lease or rental agreement. See if there is a prevailing party clause in your lease. That may come in handy if you decide to utilize a landlord/tenant attorney (which you should).
Next... take all of that documentation to a landlord tenant attorney and ask for a consultation and/or retain one.