Video: How to Fill Out and Use a Declaration of Service of Notice (Proof of Service)

Today’s episode covers the Declaration of Service of Notice. Remember that you can find this and most of the California notices in the free eviction notices section of our website.

How to Fill Out and Use a Declaration of Service of Notice (Proof of Service)

This form, which is also known as a Proof of Service or POS, is filed along with the copies of the notices served to the tenant at the time of filing an Unlawful Detainer complaint.

The declaration of service is the court recognized document that says that you served the notice exactly the way you said that you did either by personal service, post and mail or sub service onn the day that you said that you did, under penalty of perjury by the court.

When do you need to file a declaration of service of notice?

Whenever serving notices such as:

  • 3 day notice to pay rent or quit
  • 3-60 days notice to quit, residential properties
  • 3-90 days notice to quit, commercial properties
  • Curable breech of covenant
  • 24 hr notice to enter
  • Any change of terms notice
  • Rent increases
  • Any and all notices served to the tenants

Here are some things to keep in mind when filling out a declaration of service of notice

  • The form must be in writing.
  • The form must specify which notice was served to the tenant and when. If multiple notices were served, you need a declaration for each notice.
  • The form must specify the names of all tenants.
  • The form must state the address of the property in question.
  • Ensure that all information stated on this form matches the notices served exactly, otherwise the case can be thrown out.
  • You must sign the declaration

As always, if you have any questions about this or any other free form that is available on our website, please call for a free consultation.