Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
California case law shows that the landlord does not need to prove that the notice was received by the tenant. Only proof of mailing is required. Bank of America Nat'l Trust& Sav. Ass'n v. Button (1937) 23 Cal.App.2d 651, 652; Lamey v. Masciotra (1969) 273 Cal.App.2d709, 713-714.
The landlord can testify that notice was mailed, and the tenant can testify that notice was not received. At which point, it's the judge or jury (the "trier-of-fact") who must decide who is testifying truthfully.
Another defense may be that no initial attempt was made to personally serve the tenant at the unit before the "nail and mail" procedure was effected. Hozz v. Lewis(1989) 215 Cal.App.3d 314, 317. At least one prior attempt is generally required.
I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!
Sorry for the delay, but I've been in court practically all day today.
Yes, I would appreciate your opening a new Q&A session, because the amount I receive from a subscription question is a little more than the cost of a Starbuck's grande drink and a chocolote chip cookie.
I note that you did post your last question again, and that it was answered by a lawyer not licensed in California. If you're satisfied with that answer, then there's no reason to open a new Q&A session for me. If you want me to answer, as a California lawyer with landlord-tenant law experience, then please open a new Q&A session, and put my userid ("ToCustomer only") in the title or first sentence of your new question.