Service of Process of Tenant Notices
Three-Day Notices to Pay Rent or Quit and other tenant notices (i.e., notices that need to be served on a tenant before an unlawful detainer action is filed), should be personally served on the tenant. If the tenant cannot be personally served when service is attempted, then the notice can be served on a competent adult at the premises, and if there is no competent adult, then you can "post and mail" / "nail and mail". Therefore:
- Personal Service: First, attempt to personally serve the tenant. Take a printed copy of the tenant notice to the residence and knock on the door. If you can recognize the tenant and they answer the door, tell them you have an important legal document for them and hand the notice to the tenant. If someone else answers, or you do not know what the tenant looks like, ask for the tenant by name. If the tenant does not take the notice from you, you can leave the notice on the ground in front of them.
- Substituted Service: If the tenant is not home or available when you attempt service, you can effectuate "substituted service" on a competent adult who is present in the home at the time you attempt service. If the person who answers the door is an adult, i.e., over the age of eighteen, then ask for their name, tell them you have an important legal document for (tenant's name), and hand them the notice. Likewise, if they refuse to take the notice, you can leave the notice on the ground in front of them. Make a mental note of an approximate, general description of the person, e.g. sex, age, race, height, weight, hair and eye color, etc., and write down this description when you return to your vehicle. You will also need to mail a copy of the notice to the tenant. (Note: unlike other forms of substituted service, you do not need to make multiple attempts before using substituted service).
- Post and Mail Service: If the tenant is not home and there is no competent adult present when you attempt service, then you can serve the tenant by what is known as "post and mail" or "nail and mail" service. Take a roll of good tape and a sign stapler with you when you attempt service in the event no one is home. If no one is home or only a child, then "post" or "nail" a copy of the notice to the front door, or to the front of a gate if you can not access the front door. Make a note of the time that you "post"/"nail" the notice; it's also advisable to take a picture of the posted notice. As with substituted service, you will need to mail a copy of the notice to the tenant after you post it.
Service of the tenant notices must be properly effectuated, otherwise improper service can result in a subsequent lawsuit against the tenant being dismissed.
If there are multiple tenants named in the lease agreement, then each tenant must be served with a separate copy of the notice. For example, if only one tenant is home when you attempt service, you can personally serve the tenant who is home, and substitute serve the other tenant by handing their copy to the present tenant.
Service should not be done by the person who would appear in court on behalf of the landlord (if necessary).