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  1. #1
    Join Date
    Aug 2008
    Posts
    1

    Default How Are Eviction Notices Served

    My question involves an eviction in the state of: California

    My landlord agreed in writing to accept my security deposit as my last month's rent. I am to be out of the unit by August 11th. Today, August 7th, the manager slipped a 3-day pay or quit notice saying I owe 2 months rent for July and because he could not rent out the unit for August. This seems ludicrous to me.

    Frankly I would rather not even deal with this. I had been planning to move out-of-state on August 8th. I am wondering if I need to worry about being served. I am paid up until my move-out date, the 11th, and will be leaving the state tomorrow.

    If he decides to try and start the eviction process, do I need to be served in person to have to go to court? Can I be served through mail or by other means? I am just too weak from long-term inhabitable conditions to fly back to California and deal with small claims stuff (mostly because then I will inevitably have to counter-sue for much larger damages in response). I just want to get out of here without having to deal with the next 2-3 years in California civil court with this slumlord.

    If I leave tomorrow (and believe me, there is no debt owed to the landlord and he has no sizeable amount to collect from me) for another state, can he realistically proceed with the eviction process? Frankly, I am positive he wouldn't send someone to serve me on the other side of the country for a miniscule amount of money he knows he is not legally entitled to. But I am wondering if there are other means to notify tenants of eviction notice.

    Thanks in advance for any help.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Eviction Notice / How They Are Served

    He can't evict you if you have already moved out.

    If he thinks he's entitled to additional rent, he'll have to take you to small claims, and he'll have to prove you owe it. You got his agreement to accept your security deposit as your last month's rent and confirmation of your move out date in writing, right?

    Your (former) landlord sounds clue-impaired. I've had those. My last one gave me an eviction notice the day I moved out of my apartment and into the house I had just purchased, because I had not asked his permission to buy a house. (I'm deadly serious.) My response (after I stopped laughing) was "If you can figure out how to evict me from a place I've already legally given up possession of, you'll get a medal."

    Never heard from him again.

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