Eviction Notice Landlord failed to serve 3 day notice to pay or quit but served unlawful detainer

[tawnie]

Jurisdiction

California

Landlord did not provide a 3 day notice to pay or quit before serving the tenant with an unlawful detainer summons.

Does tenant file an answer to unlawful detainer with the court or Motion to Quash Summons?

 

[Michael Wechsler]

I will assume we're talking about the state of California. The California Law for Terminations and Evictions requires that a 3 day notice be served under the listed circumstances. If the landlord failed to provide the notice, you would need to state your objection although I don't know why you'd file a motion to quash summons. This is because my understanding is that such a motion may be used for personal jurisdiction issues, which I'll assume is not the case here. Your objection is procedural. The motion is probably a type of special appearance. I don't practice law in California but this would be my guess.