Legal Question in Landlord & Tenant Law in California

I came home to find an eviction notice (unlawful detainer) on my porch. My question is-since I wasn't served personally does my manager have to get an order to post and mail? The information found online is very contradictory so am hoping that someone can give me a straightforward answer.

Thank You!!

Laura


Asked on 5/26/11, 12:12 pm

1 Answer from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

For a 3-Day Notice to Pay or Quit, if you can't be personally served and substituted service is not possible, the landlord's representative can post and mail the notice, without an order.

For the Summons in an already filed unlawful detainer action (i.e. the 3-Day, 30-Day, 60-Day, or 90-Day Notice was already served and the time period has expired), the Summons may be served by personal service or substituted service, without an order, but service by posting and mailing requires a court order, pursuant to California Code of Civil Procedure �415.45.

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Answered on 5/26/11, 1:26 pm


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