When serving notices, don’t go it alone. A process server can save enormous time, expense, and aggravation while avoiding costly delays in the already prolonged eviction process.

Time and time again, we’ve seen landlords go from hero to goat for improper service of a 3-day notice. If they overcome the first hurdle of drafting a proper notice – a big if – the tenant must be served the notice in accordance with the law.

Makes sense, right? Service of process is the legal procedure for delivering important documents to tenants, ensuring they are properly notified of the landlord’s grievance and allowed to respond. As the adage goes, “there are always two sides to the story.” Bornstein Law cannot proceed with an unlawful detainer (eviction) action until we can show the court proof that the defendant was properly served.

What types of 3-day notices are there? Ironically, three.

  • 3-day notices to pay rent or quit (nonpayment)

  • 3-day notice to cure or quit (violation of lease)

  • 3-day notice to quit for waste, nuisance, or criminal use by the tenant

Means of service

That flawless 3-day notice needs to get into the hands of the tenant, but how to deliver it? For the answer to that question, we turn to California Code of Civil Procedure § 1162.

  • Personal service: delivering a copy to the tenant personally. 

  • Substituted service: if the tenant is absent from both their place of residence and their usual place of business, then the notice may be left with someone of “suitable age and discretion” at either place, and also mailed to the tenant at their place of residence. 

  • Posting & mailing: if the residence/business can’t be determined, or a suitable person can’t be found, then posting the notice in a conspicuous place on the property, also delivering to someone living there if possible, and also mailing a copy to the tenant at the property address.

Each method of service has strict requirements that must be followed to the letter. Any missteps can invalidate the notice, and we’ll have no choice but to start over.

Rest assured that there are brilliant tenants’ attorneys who will find errors in notices. Housing providers may otherwise have an airtight case for eviction, only to lose on this technicality. 

A registered process server is worth their weight in gold. Why? 

  • A neutral process server has experience serving elusive individuals and providing updates. Landlords and property managers do not have to play the “cat and mouse” game of tracking down tenants who do not want to be served.

  • It is critically important to document when, where, how, and to whom the notice was served, and this is their strong suit. This documentation is vital when a tenant later challenges the service.

  • Under California Evidence Code § 647, there is a presumption of proper service if a registered process server is used, and the courts have held that unless a tenant presents credible rebuttal evidence, this presumption stands and the landlord will prevail on the challenge.

  • An impartial professional reduces the risk that the tenant claims harassment and avoids confrontation between the landlord and the tenant in an acrimonious rental relationship.

Parting thoughts

Do-It-Yourself landlords might find it cost-effective to serve 3-day notices on their own, but the potential risks normally outweigh the cost savings. If you do the math, it is more prudent to utilize a process server than experience costly, debilitating delays in evicting a problematic tenant who is not paying rent and/or creating damage to the unit.

When serving notices, there is a lot of rope for housing providers to hang themselves, so landlords are strongly advised to be tethered to a law firm that is competent in not only preparing compliant notices but serving them.