There was a 3 day notice to quit posted on my door 9/2/09 with the date of 8/28/09 on it. Is this document considered legal, and am I considered served? There is no court seal on it, it is a mere photocopy. Besides the notice to quit ther is a notice to all occupants at said property, stating that previous rent contracts MAY be honored to forward rent to a specific address. Should we actually do this, what about fraud?
I could understand your being cautious. You can check at the county recorder’s office to find out whether and to whom the property has been transferred. Typically, you would contact the realtor or attorney whose name appears on the notice and determine whether they’re legit. You might ask them to provide you with a certified copy of the notice of sale to reassure yourself. Then, you should provide a copy of your rental agreement to the new owner, so it could determine how much you will continue to pay.
Posting of a 3-day notice in a conspicuous place is proper when there is no adult at home at the time of service. It does not require a court seal, and may be a photocopy.
Robert F. Cohen
Law Office of Robert F. Cohen
P.O. Box 15896
San Francisco, CA 94115-0896