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M

ms_mq

Guest
This is in California

I had a roomate move in with me a few weeks back. He moved in a lot of furniture while I was at work, then disappeared. His rent check(first+last) bounced and I tried to contact him over email and cell phone, but at point he just started ignoring my efforts to contact him.

I decided th have him evicted, and served him a 3 day pay or quit notice by email as he was not contactable either in person or at the address. He did act as required, but replied that he would move out the following weekend (He didn't).

Is the email notice acceptable to file an unlawful detainer lawsuit ? I found some laws later on the internet which said I must serve him by "mail and nail" if I cannot serve him personally. Is the fact that he responded to my email sufficient or can my application be dismissed on techinical grounds? I will lose at least one week if I try to start the process from the beginning again the "proper" way. I went to the court but the clerks would not answer me.

Can I argue that email is a type of mail and the law doesn't necessarily say that it must be "US postal service", together with the proof (his response) that he recieved it ?

Please help.


 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ms_mq:
This is in California

I had a roomate move in with me a few weeks back. He moved in a lot of furniture while I was at work, then disappeared. His rent check(first+last) bounced and I tried to contact him over email and cell phone, but at point he just started ignoring my efforts to contact him.

I decided th have him evicted, and served him a 3 day pay or quit notice by email as he was not contactable either in person or at the address. He did act as required, but replied that he would move out the following weekend (He didn't).

Is the email notice acceptable to file an unlawful detainer lawsuit ? I found some laws later on the internet which said I must serve him by "mail and nail" if I cannot serve him personally. Is the fact that he responded to my email sufficient or can my application be dismissed on techinical grounds? I will lose at least one week if I try to start the process from the beginning again the "proper" way. I went to the court but the clerks would not answer me.

Can I argue that email is a type of mail and the law doesn't necessarily say that it must be "US postal service", together with the proof (his response) that he recieved it ?

Please help.

<HR></BLOCKQUOTE>

Email is not considered proper legal notice but if he responded to your email, you can argue that that is sufficient evidence of his receipt of yours.
 

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