Notice was only given by posting on bedroom door. If this type of service is to be effective----Wouldn't it also have to be put into the mail and sent to me or my place of business? Please confirm what would validate this as proper form of notice---- and then exactly what code would this reference----CCP1162 (1), CCP1162 (2), or CCP1162 (3)? This is not clear to me what code this service refers to and therefore, it appears to me that this is NOT a valid form of Proper Notice. Please advise.
You are probably correct that service of the notice that was only posted was invalid.
In California, a landlord can end a periodic tenancy (month-to-month) by giving the tenant proper advance written notice. The landlord must give sixty (60) days written notice that the tenancy will end if every tenant has lived in the rental unit for a year or more. (Civil Code section 1946.1(b).)
However, the landlord must give the tenant thirty (30) days written notice in either of the following situations:
-- Any tenant or resident has lived in the rental unit less than one year (Civil Code section 1946; Civil Code section 1946.1(c)), or
-- The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends.
In addition, all four of the following must be true in order for the selling landlord to give the tenant a 30-day notice:
(a) The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
(b) The landlord must have given the tenant the 30-day notice no later than 120 days after opening the escrow, and
(c) The landlord must not previously have given you a 30-day or 60-day notice, and
(d) The rental unit must be one that can be sold separately from any other dwelling unit.
(Civil Code Section 1946.1(d).)
The landlord usually is not required to explain or state a reason for ending the tenancy in the 30-day or 60-day notice.
The landlord may serve the 30-day or 60-day notice by certified mail or by one of the methods described under Code of Civil Procedure section 1162, which provides:
"(a) Except as provided in subdivision (b), the notices
required by Sections 1161 and 1161a may be served by any of the
following methods:
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from his or her place of residence, and
from his or her usual place of business, by leaving a copy with some
person of suitable age and discretion at either place, and sending a
copy through the mail addressed to the tenant at his or her place of
residence.
(3) If such place of residence and business cannot be ascertained,
or a person of suitable age or discretion there can not be found,
then by affixing a copy in a conspicuous place on the property, and
also delivering a copy to a person there residing, if such person can
be found; and also sending a copy through the mail addressed to the
tenant at the place where the property is situated. Service upon a
subtenant may be made in the same manner."
If you are a single lodger and the owner occupies the house, special rules apply.
Single lodger in a private residence
A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house.9 Most lodgers have the same rights as tenants.10
However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.seeCivil Code Section 1946.5, Penal Code Section 602.3.
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