No three day notice received.

[Ineeds2noe]

What is the name of your state (only U.S. law)? Ca.
The owner of the property has served an unlawful detainer. Does a three day notice to pay or quit have to be served first. The manager claims that a notice was taped to the door. Never saw it. Also if he did tape it doesnt a copy have to be sent to the residence as well. I honestly did not receive it but he says he posted it. Doesnt he have to show proof of that before filing. I never received anything. He knows that I am on disability and we had a verbal agreement on a payment plan. I am not sure how I can go ablout proving his lying. It could have gotten lost in the mail. But how do I know he is not lying? Its his word against mine.

 

[Hot Topic]

What is the name of your state (only U.S. law)? Ca.
The owner of the property has served an unlawful detainer. Does a three day notice to pay or quit have to be served first. The manager claims that a notice was taped to the door. Never saw it. Also if he did tape it doesnt a copy have to be sent to the residence as well. I honestly did not receive it but he says he posted it. Doesnt he have to show proof of that before filing. I never received anything. He knows that I am on disability and we had a verbal agreement on a payment plan. I am not sure how I can go ablout proving his lying. It could have gotten lost in the mail. But how do I know he is not lying? Its his word against mine.

Do you have something in writing regarding the payment plan?

You can look up the guidelines a landlord must follow in this situation on Google.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Ca.
The owner of the property has served an unlawful detainer. Does a three day notice to pay or quit have to be served first. The manager claims that a notice was taped to the door. Never saw it. Also if he did tape it doesnt a copy have to be sent to the residence as well. I honestly did not receive it but he says he posted it. Doesnt he have to show proof of that before filing. I never received anything. He knows that I am on disability and we had a verbal agreement on a payment plan. I am not sure how I can go ablout proving his lying. It could have gotten lost in the mail. But how do I know he is not lying? Its his word against mine.

CA law requires a 3-day notice to be served, and if not served personally, it MUST be followed up by being sent/mailed via regular mail. Service of the notice is NOT complete until the date that the notice is also mailed.

You would be correct in that LL must prove they properly served you with the notice prior to filing the Unlawful Detainer. However, it not uncommon for some LLs to falsely claim service of the notice by posting, and then also saying they mailed it but not have the proof of mailing. CA law does not require that the follow-up copy be mailed by certified mail or anything, so there may be no way for them to prove they actually mailed it without a proof of mailing from the Post Office.

More importantly, however, is that unless there was some kind of written agreement regarding the payment arrangement, you may not be able to defend the nonpayment issue anyway. The fact that you are on disability is, quite frankly, not the LLs concern. They just want the rent that was agreed upon, and if they do not receive it, you would be subject to eviction anyway.

You might just want to save yourself the time, money, and trouble by just taking this as a clue to move out before you receive an eviction on your record.