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The post-sale notice gambit...

Posted by Ward-CA- on November 15, 2009 at 5:21 PM

In Reply to: 3 Day Notice - proper way to serve posted by JPM on November 13, 2009 at 11:20 PM

I’m assuming you’re in the State of CA.

#1. There’s a standard form called, “Proof of Service” that the server fills out after serving legal notice on someone. Your local apartment owners association will have them as well as any local landlord/tenant law firm.

#2. If you can’t serve a responsible party at the property than you can “nail and mail” the notice to the inhabitants. That means you fold up and post the notice at the main entrance and also send them a copy of the notice in the mail.

#3. You always have to be leery about a sentence with the “always” word in it.
If the water, gas and electric utilities aren’t turned on, an ex-owner or occupant can still be using the house temporarily, as a rudimentary shelter.
And if they are, you should follow the standard notice procedure with them. If the property is empty and has been abandoned then no notice is required. Just change the locks, turn on the utilities and go to work.

Hope this helps,

--------------Ward

=======================

I have a few questions on the proper way to serve a 3 or 30 Day 
Notice to Quit. When you serve your 3 or 30 day notice, how do 
you establish proof that it's been served? Does the notice have 
to be handed directly to an occupant? If you've tried and can't 
reach the occupant, can you simply mail the notice or tape it to 
the door? Lastly, if the utilities have been disconnected, are 
you always within your rights to enter the property? What if you 
enter the property and the previous owner suddenly appears? Any 
advice is much appreciated.


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