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Service of three-day notice in California pursuant to Code of Civil Procedure section 1162

Service of a three-day notice in California pursuant to Code of Civil Procedure Section 1162 is the topic of this blog post.

Code of Civil Procedure Section 1162 basically provides for three methods of service: personal delivery to the tenant; substituted service which means leaving a copy with an appropriate person if the tenant is not there and mailing a copy; or affixing a copy in a conspicuous place on the property (taping to the front door or something similar)  if substituted service cannot be made, and mailing a copy. The last method is generally referred to as “nail and mail.”

Proper service of a three-day notice is extremely important as service of the notice is a condition precedent to maintaining an unlawful detainer action. When the fact that the tenant actually received the three-day notice is contested, the landlord may not rely on the affidavit of service; the personal testimony of the person who made the service is required. See Liebovich v. Shahrokhkhany, (1997 ) 56 Cal. App. 4th 511, 514-515. (internal citations omitted.) In the case just cited a California Court of Appeal found that service of a three-day notice by certified mail was not sufficient compliance with Section 1162 of the Code of Civil Procedure, and reversed a judgment of the trial Court entered against the tenant.

<strong>Proper service of a three-day notice cannot be waived by a residential tenant in California.</strong> As a result, any residential tenant in California who denies receiving a three-day notice may want to consider including that fact in their answer.

<strong>However, this rule does not always apply to commercial tenants</strong> as some commercial leases in California provide for another method of service. In that case, the landlord can use whatever method of serving the three-day notice is specified in the lease.  Commercial tenants should carefully review any lease that was signed to determine whether the general rule applies to them, or if the landlord can use an alternative method as specified in the lease.

Attorneys or parties in California that would like more information on a California eviction litigation document package containing over 25 sample documents can use the link shown below.

California eviction litigation document package

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

If you enjoy this blog post, tell others about it. They can subscribe to the author’s weekly California legal newsletter by visiting the following link: http://www.legaldocspro.net/newsletter.htm

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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