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: 5/20/2021
State Specific Clauses
CA State Assist
A landlord's three-day, 30-day, or 60-day notice to a tenant must be "served" properly to be legally effective. The terms "serve" and "service"refer to procedures required by the law. These procedures are designed to increase the likelihood that the person to whom notice is given actually receives the notice.
A landlord can serve a three-day notice on the tenant in one of three ways: by personal service, by substituted service, or by posting and mailing. The landlord, the landlord's agent, or anyone over 18 can serve a notice on a tenant.
Personal service - To serve you personally, the person serving the notice must hand you the notice (or leave it with you if you refuse to take it).290 The three-day period begins the day after you receive the notice. Substituted service on another person -If the landlord can't find you at home, the landlord should try to serve you personally at work. If the landlord can't find you at home or at work, the landlord can use "substituted service" instead of serving you personally.
To comply with the rules on substituted service, the person serving the notice must leave the notice with a person of "suitable age and discretion" at your home or work and also mail a copy of the notice to you at home.291 A person of suitable age and discretion normally would be an adult at your home or workplace, or a teenage member of your household.
Service of the notice is legally complete when both of these steps have been completed. The three-day period begins the day after both steps have been completed. Posting and mailing - If the landlord can't serve the notice on you personally or by substituted service, the notice can be served by taping or tacking a copy to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to you at the rental unit's address.292 (This service method is commonly called "posting and mailing" or "nailing and mailing.")
Service of the notice is not complete until the copy of the notice has been mailed. The three-day period begins the day after the notice was posted and mailed.293 How to count the three days is explained above
A landlord can use any of these methods to serve a 30-day or 60-day notice on a tenant, or can send the notice to the tenant by certified or registered mail with return receipt requested.
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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