Recent Feedback
The Unlawful Detainer form UD-100, section 8, asks how the 3 Day Notice to Pay Rent or Quit was served. Choice #3 says "by posting a copy one the premises (done) and mailing a copy to defendant (done) and giving a copy to a person found residing at the premises (NOT DONE). How can I check this box if I didn't do the last of the 3 steps?Also, must the UD-100 be filed by the plaintiff or can plaintiff's agent (mother/father) file it with the courts?
Optional Information: State/Country relating to question: California Already Tried: Reading online about filing a Unlawful Detainer.
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please understand the following important points: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.I am sorry that you are going through this situation where you have to evict someone. Unfortunately, unless you can claim that you have completed the nuances in (1), (2), or (3), you cannot check that box, and if you do not, the Court may not deem the defendant (tenant) served and may not allow the eviction unless he is property served.So it is imperative that the complete nuances of one of the steps is completed before you can have the hearing.Also, must the UD-100 be filed by the plaintiff or can plaintiff's agent (mother/father) file it with the courts?As long as the UD-100 is filed with the Court, it does not matter who files it as long as the names of the parties are correct.While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Back to the UD-100 form, section 8, what are my options if I cannont find a person to leave the 3 Day Notice with? I can't send a certified mail copy. Who can I leave it with if the tenant will not answer the door? Can I leave it with a neighbor and, if so, does the neighbor have to agree to give it to the tenant?
Thanks for your answers thus far; you've been great!
You are very welcome. Can you please tell me what is going on? Is the tenant gone and you cannot find him, or what exactly is happening here?This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
The tenant (husband, wife and 18+ year old son) live there but they evade our calls and visits. My wife heard the tv on when she tried to serve the 3 Day Notice but, since they know they are behind 2 months in rent, they don't answer the door, or their emails and our phone calls.
A landlord can serve a three-day notice on the tenant in one of three ways: by personal service, by substituted service, or by posting and mailing.See here:http://www.dca.ca.gov/publications/landlordbook/terminations.shtmlScroll down to PROPER SERVICE OF NOTICES.You will see that the steps on the UD-100 correspond to the steps you have to take as described on that link.So what to do? Notice:"Posting and mailing - If the landlord can't serve the notice on you personally or by substituted service, the notice can be served by taping or tacking a copy to the rental unit in a conspicuous place. Service of the notice is not complete until the copy of the notice has been mailed. The three-day period begins the day after the notice was posted and mailed. Walters v. Meyers (1990) 226 Cal.App.3d Supp. 15, 19-20 [277 Cal.Rptr. 316, 318-319] (service of a three-day notice is effective from the date the notice is mailed, not from the date the tenant received it).Also, see Ca. Civ. Code 1162:http://law.onecle.com/california/civil-procedure/1162.htmlSo arguably, you do not have to wait for him to receive the letter, but simply post and mail. Make sure to mail both certified and certified, return receipt requested. This way, if it comes back to you, you can show the Court, "See, they never picked it up... but I mailed it both certified and non-certified, and posted it, and they are ignoring it/avoiding it."So if you do this, you can technically tack (3), and explain that you did all but "and giving a person found on the premises" because they would not open the door.Most of the time, the Courts agree. For further proof, you can videotape yourself knocking on their door and showing how they are home, but are not coming to the door, or are avoiding you if you approach them outside the home.So this proof, along with the mailing and the posting on their door, should do it.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Hopefully just one more comment. Section 8 on the UD-100 does not appear to cover what you've suggested. It says the certified/registered mail is not for a 3 Day Notice and that we either have to hand a copy to the tenant or (1) post on the premises; mail a copy to tenant; and give a copy to a person found on the premises, or (2) mail a copy and leave a copy with someone of suitable age and discretion.
So, do we do the former, check the box and tell the judge we could not find anyone so we did the certified/registered mail?
Roger,Apologies for the wait - I am working on your questions right now.
No problem. Take your time.
Also, is there anyone local to where we live (Anaheim Hills in Orange County, CA) you can recommend to handle this entire process for us?
Section 8 on the UD-100 does not appear to cover what you've suggested. It says the certified/registered mail is not for a 3 Day Notice and that we either have to hand a copy to the tenant or (1) post on the premises; mail a copy to tenant; and give a copy to a person found on the premises, or (2) mail a copy and leave a copy with someone of suitable age and discretion.So, do we do the former, check the box and tell the judge we could not find anyone so we did the certified/registered mail?I think you are confusing the form. You only have to check one of the boxes. They do not affect each other. You serve them for non-payment with a three day notice. Four and five do not apply.Individuals in your situation may wish to:1) Post notice on door2) Send certified mail return receipt requested notice and regular mail. Keep tracking, and bring it to court.3) Attempt to serve it in person and videotape how they avoid it.4) Fill out Section 8-3 on UD-100, with an additional affidavit attached to the UD-100 explaining how they avoided being given a personal copy and having the tape to back it up to show to the Court at the hearing.This is not going to be the first time that the Judge sees tenants avoiding service. As long as you show due diligence, most Judges will approve this.Attorney Recommendationhttp://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx...the attorneys are vetted and qualified and the service is free. Then you can cross-reference the name(s) on www.avvo.com for client reviews, Bar history, and metrics.Doing this, you should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.