WHAT IS THE CORRECT WAY TO SERVE A NOTICE?

Sections 1162 of the Code of Civil Procedure;
sections 1946, 827, 1954 and 1984 of the Civil Code
provide:

A. 3-Day Notices—

1. By delivering a copy to the tenant personally; or,

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; or,

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.

B. 30 or 60-Day Notices—in addition to the 3 ways listed above:

The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the lessee may give such notice by sending a copy by certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of such notice or by delivering a copy to the agent personally.

C. Rent Increase Notices—

1. By delivering a copy to the tenant personally.

2. By serving a copy by mail under the procedures prescribed in Section 1013 of the Code of Civil Procedure. “In the case of service by mail . . . shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California

D. Notice to Enter Dwelling Unit—

1. 24-hour notice—The notice may be (1) personally delivered to the tenant, (2) left with someone of a suitable age and discretion at the premises, or (3) left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary.

2. 6 days notice—The notice may be (4) mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.

3. Oral notice—If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given (5) orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.

E. Abandonment Notices—

1. Personally delivered—15 days, or

2. If mailed, not less than 18 days after notice is deposited in the mail

WHAT IS RETALIATORY EVICTION?

Editor’s Note: This question and answer section was prepared in response to frequently asked questions by members and students in our various educational programs. All language is taken directly from the California Civil Code. The outline format differs from formal English grammar outline because the Code mirrors annual changes in the law with numerous additions and deletions written by various state senators and assemblymembers. Additional legal resources are listed at the end of this
special section.