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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default Proper Service of 3 Day to Pay or Quit

    My question involves an eviction in the state of: CA

    I have been in ongoing negotiations with my absentee landlord as to how to cure my back rent. Yes, I admit I owe, but also believe he has muddied the waters so badly over the last year with inappropriate demands and neglect of upkeep, etc. that we are 'in this together' in a weird way, and that salvaging the tenancy is best for both parties.
    He at first emailed that we could work out a plan to chunk out portions, but then had his brother tack to my door a 3 Day to Pay or Quit for the full amount when not responsive to my proposal. So it's impossible for me to correct all at once.
    Add to the mix that I figured that since his brother (listed as agent on the posted Notice) did not even knock on the door, as we were home @ the time, I assumed I would receive a copy in the mail completing service, which I have not in the subsequent three days!
    I was going to take the opportunity upon proper service to notify him of receipt and that I was aware the clock was ticking, in a last ditch effort to strike a deal for payments, but what now?
    Is it my word against the Brother/Agent's that it was mailed?
    Based upon the fact he went to this extent, and also claims not to have received past email correspondence, I figure this to get litigious, so I want to make sure I don't strike a deal without proper documentation/rescission of the Notice.

    And btw - I now find out he, and brother, are quite notorious around town with the utilities people, etc. as he evicted the previous tenant using disconnection of water, etc. as the property owner. So I really don't want to 'squat', but get a real opportunity to cure.

    Thank you for any guidance.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Proper Service of 3 Day to Pay or Quit

    You have an opportunity to cure; 3 days.

    Not sure what you are considering but the time starts running the day the notice was mailed. Since there is no proof of mailing, he can claim he mailed it the same day he posted the notice, not when you receive it. If it's already been 3 days, he can head to the courthouse first thing Monday and file for the eviction. You can stand in front of the judge and explain to him you didn't get a follow up mailing (if you haven't by the time you go to court) and as such, the service was not proper. I suspect the LL will be handing you a 3 day notice before you walk out of the court.

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