I received and unlawful detainer-eviction summons but never received the 3 day pay rent or quit. what should my legal action be?

Residential unlawful detainer in California is tricky. It is a summary proceeding, and as such you must follow the letter of the law. This applies to both the landlord and the tenant. Paying the rent may not be an option, as the landlord can refuse it if the 3 day notice is expired. There are only a few defenses available. First is the amount demanded in the 3 Day Notice accurate. If it is incorrect by one penny it is void. Did the landlord demand more than just rent? If so that will void the 3 Day Notice Are there conditions on the property that affect health and safety, if so this may render the notice invalid.

Re the service: Based on the facts you provided, I believe you were properly served. LL just has to show he mailed it to the proper address, not that you received it (the oldest defense in the book is the “I never got it” defense). If you are fighting the UD (whether because it is unsubstantiated or just because you need more time to find a new place) there are three main options: (1) pay the rent in arrears (2) defend yourself or (3) have an attorney defend you. Option (1)- quickest way to end the UD action, bring yourself up to date on rent, and stay out of court In some regards it may be the most economical solution too. Option (2)- very economical, but any missing of a deadline, failing to file properly, or telling your story improperly or poorly in court could result in a "loss" and order of possession (eviction of you from the premises). Option (3)- surest way to ensure you've done all you can to fight the UD action, preserve your rights (which are extensive in CA). It will cost money to hire a lawyer but may be worth the cost; its economical if you qualify for and use a legal service organization. Regarding the Three Day Pay or Quit--see below regarding proper service of 3DN in most states (CA too as I recall) A landlord can serve a three-day notice (1) by personal service, (2) by substituted service, or (3) by posting and mailing. The landlord, the landlord's agent, or anyone over 18 can serve a notice on a tenant. Personal service - The person serving the notice must hand you the notice (or leave it with you if you refuse to take it). The three-day period begins the day after you receive the notice. Substituted service on another person -If the landlord can't find you at home or work, LL can use "substituted service" instead of serving you personally. The person serving the notice must leave the notice with a person of "suitable age and discretion" at your home or work, and also mail a copy of the notice to you at home. A person of suitable age and discretion normally would be an adult or a teenage member of your household. The three-day period begins the day after one of the steps has been completed. Posting and mailing - If the landlord can't serve the notice personally or by substituted service, he/she can do so by affixing a copy to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to you at the rental unit's address. (i.e. 'Nail and Mail") 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. If you decide you need a lawyer (my recommended course of action by the way) you can use the attorneyqna.com search option (several nationally recognized LL-Tenant attorneys live in the LA area) or you can contact any of several CA legal services organizations (i.e. http://www.lsc.gov/map/state_T32_R6.php ) Best of Luck.

I concur with Attorney Rafter. He has provided all of your available options. First thing you need to decide is what exactly you want to do, i.e. stay in the apartment, find a new place, etc. Best regards, Simon W. Johnson http://www.swjlawoffice.com [email protected] (440) 253-0203