How to serve and file an eviction notice
There are three ways to serve an Eviction Notice - so long as your rental agreement does not state otherwise.
- Personal service is handing the notice to the person named on the Eviction Notice. The notice is served by the landlord.
- Sub-serving. If you knock on the door, and someone answers who does not identify themselves and you aren’t actually sure if they are the named defendant, then it is permissible to serve a competent member of the household provided they are 18 years or older. You must also serve the notice by mail.
- If nobody answers the door, legally serving a tenant can also be accomplished by posting the notice on the door, and also by mailing a copy of the Eviction Notice to each tenant.
Sometimes commercial lease agreements specify that you must serve by registered mail.
Tenants often try to avoid service in an attempt to use that as their excuse to not pay the rent or comply with the notice. That’s why it is very important that you comply with one of the three forms of how to serve an eviction notice so that you have a stronger case.
Fast Eviction Service always recommends using a registered process server because they are knowledgeable about state and process serving laws and will deliver documents in compliance with those laws so that you are protected by the laws of the Court.
A process server acts as a neutral third party to give proper notice, preventing the tenant from claiming he or she never received the notice. Additionally, a process server will ensure that no laws are broken during the process service, which could cause dismissal or delay of the case. Proper service will ultimately save you money by preventing legal costs.
How to File an Eviction Notice
The Eviction Notice that you serve to the tenant is not individually filed in a court of law at the time you serve the notice to the tenant. The Eviction Notice is prepared and first served to the occupant and there is a waiting period for the tenant’s compliance.
If the tenant fails to comply with the notice they are served, the next step is to take legal proceedings against them and file an Unlawful Detainer.
A copy of the Eviction Notice is filed with the court with the Unlawful Detainer as an exhibit. The copy of the notice filed with court is your cause of action against the tenant.