Proper service of eviction papers
My landlord gave me a 3 day Notice to Quit on Sept. 21 for non-payment of rent in the amount of $995.00. I had no money to pay within the 3 days so then she gave me a 30 day notice to terminate tenancy on 9/27/05. Her husband brought a copy of the Summons to me on 10/26/05 at which time I gave them a check for $1495 — the $995.00 amount and another $500 to have until Nov. 15 to move, clean, etc. They called and said that I owed them $1890 ($995 on Notice and rent for Oct. of $895) so they couldnt accept the pro-rated Nov. amount and they said they will bring the sheriff over to evict. If the check was applied to pay the amount on the 3 day notice dont they have to start the process over, and shouldnt I have been served the summons with a copy of the complaint and by a sheriff, process server, etc.?
Re: Proper service of eviction papers
If the landlord accepted what rent you gave them, they have waived the 3-day notice and cannot start an eviction case. Don’t let them scare you by saying ”the sheriff is coming.” Good Luck.
Philip Iadevaia
Law Offices of Philip A. Iadevaia
12100 Wilshire Blvd., Eighth Floor
Los Angeles, CA 90025
Re: Proper service of eviction papers
Generally, once a landlord accepts payment an eviction must cease. check to be sure the landlord cashed the check.
Also, a summons may be served by any party over 18 who is not a party to the action. If the husband is named as a plaintiff then he cannot serve.
If the eviction is not canceled you must file specific motions immediately. Contact a lawyer.
Randy Schlosser
Law Office of RM Schlosser
555 N Benson Ave Suite I
Upland, CA 91786