Service of Notice
This Service of Notice document, often used for courts, gives proof that written notice was served and received to the opposite party.
Document Last Modified: 7/30/2014
State Specific Clauses
VA State Assist
Notice means notice given in writing by either regular mail or hand delivery, with the sender retaining sufficient proof of having given such notice, which may be either a United States postal certificate of mailing or a certificate of service confirming such mailing prepared by the sender. However, a person shall be deemed to have notice of a fact if he has actual knowledge of it, he has received a verbal notice of it, or from all of the facts and circumstances known to him at the time in question, he has reason to know it exists. A person "notifies" or "gives" a notice or notification to another by taking steps reasonably calculated to inform another person whether or not the other person actually comes to know of it. If notice is given that is not in writing, the person giving the notice has the burden of proof to show that the notice was given to the recipient of the notice.
WARNING: Each circumstance is different and therefore may have different requirements for the proper delivery of notification. Whether it is a situation involving domestic abuse or a tenant abandons personal property in the rental unit - It is important to check and follow any local rules on the specific situation before using this notice.
Whether you’re providing a formal eviction notice or a simple nuisance letter, having proof can be essential and may be required under many circumstances. Let’s face it, the more verification a landlord accumulates the better in the long run. Judges and mediators tend to place a more positive emphasis on concrete evidence than on hearsay.
There are many court cases that are lost by either defendant or plaintiff because some type of form showing that notification was served to the other was absent. This not only is in landlord tenant or housing hearings but all kinds of court battles. So, you can see the importance of having this type of paper trail.
The ezLandlord Forms "Service of Notice” provides a statement of certification in addition to a vast selection of delivery modes from United Postal delivery to posting the notice on the property itself.
An added benefit and convenience, this form is fully customizable, so you can add any text that may be relevant to your specific situation. It is automatically filled in with the landlord’s name, tenant’s name, along with the address of the rental unit. Once you are completed with your customization process, click on “Create and Print Document” shown at the bottom of the text box. This will take you to the next step: choosing the property associated with your notice. Final step, asks for the name of the notice and date of service. One last click on “Create Documents” and viola! Your form is ready to print.
DON’T FORGET: Save a copy of the ezLandlord Forms’ Service of Notice form in addition to the form you are serving upon the defendant or tenant.
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