Service of 3 Day Notice
Proper service of a 3 Day Notice is crucial in the eviction process. Here's what you need to know:
There are three legal methods of serving the notice in California
Personal service: Directly handing the notice to the tenant
Substituted service: Leaving the notice with a person of suitable age at the property and mailing a copy
"Nail and mail": Posting the notice in a conspicuous place on the property and mailing a copy
The method of service must be documented for court proceedings
Improper service can lead to delays or dismissal of your eviction case, so it's important to follow the correct procedures.
It's crucial to follow the correct procedures to ensure the notice is legally valid.
Don't hesitate to reach out if you need assistance with serving a 3-day notice or any other eviction-related matters.
Frequently Asked Questions About Serving a 3-Day Notice
How do you properly serve a 3-day notice in California?
California law provides three legal methods: (1) Personal service - handing the notice directly to the tenant, (2) Substituted service - leaving with a responsible adult at the property and mailing a copy, or (3) Post and mail - posting on the door and mailing if the tenant cannot be found after reasonable attempts. Personal service is preferred as it's hardest to challenge.
Can I just tape a 3-day notice to the tenant's door?
You can only use 'post and mail' (posting on the door) after first attempting personal service and substituted service. If you post the notice without attempting the other methods first, your service may be invalid and your eviction case dismissed. Always attempt personal service first.
When does the 3-day notice period start?
The 3-day period begins the day AFTER the notice is served, not the day of service. Weekends and court holidays are excluded from the count. For example, if you serve on Monday, the three days are Tuesday, Wednesday, Thursday (assuming no holidays), and the notice expires at midnight Thursday.
Can a landlord serve a 3-day notice themselves?
Yes, landlords can serve the notice themselves in California. However, many landlords use a professional process server or have someone else serve the notice so they can have a neutral third-party witness who can testify in court if needed.
What is a proof of service and why do I need it?
A proof of service is a legal document signed under penalty of perjury that describes how, when, and where the notice was served. You'll need this document to file your unlawful detainer lawsuit. Without proper proof of service, your case can be dismissed.
What happens if I serve the 3-day notice incorrectly?
Improper service is one of the most common reasons eviction cases get dismissed. If your service is challenged and found defective, you'll have to start over with a new notice and new waiting period, adding weeks to your eviction timeline.