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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111605
Experience:  Attorney with over 24 years experience.
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I have been given a 60 day notice on 08/03/2015 by my step

Customer Question

I have been given a 60 day notice on 08/03/2015 by my step son not a resident where I live, neighbor gave it to him. Now given a 3 day notice on 08/08/2015.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
CA landlord tenant law requires personal service to an occupant at the residence over 18. If the landlord had the neighbor serve your step son, who was not a resident, but was at the premises, then that is proper service. As far as the 3 day notice for non-payment of rent, that too requires personal service or what they call "nail and mail" meaning if they post it to the door, they also have to mail you a copy. If they do not send you the notice by mail, you could argue improper service on the 3 day notice, but the 30 day notice was still proper if he was on the premises at the time the neighbor handed him the notice.
Customer: replied 1 year ago.
My step son was not on the premises he was next door .
Customer: replied 1 year ago.
Found out my step son was on the street in front of the house at time person handed him that 60 day notice. Would that be improper serving?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You could challenge this based on improper service as he did not reside there or occupy the residence. Yes, it is basis to challenge service and seek dismissal.
Customer: replied 1 year ago.
We have a deposit of $695.00 and rent is $695.00 can we stay out that deposit for Aug 2015?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Your deposit is for damage, whether it is used towards rent is up to the landlord. You are not entitled to use the deposit for rent automatically. You are going to need to honor the end of the eviction notice you received and if you are not out they have to sue you to get you out.
Customer: replied 1 year ago.
with the 60 day notice I can stay until the landlord files suit?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
No with 60 day notice you can stay legally until the end of the 60 days. If you do not leave then, he would sue you for eviction and the court will force you to leave. If you wait for him to file for eviction, the eviction goes on your tenant record and it could hurt you in future rentals as well.