Code of Civil Procedure 1162 provides three ways to serve a tenant with a notice terminating the tenancy such as a Notice to Pay Rent or Quit.  Here is an overview of the authorized methods of service of process for the notice.  If the notice is not served by one of these allowable methods, the service is invalid and will not be upheld by a court of law. 

Personal Service

Section 1162 states that personal service is accomplished by “delivering a copy to the tenant personally”, which means physically handing the papers to the served party.  As the forms are handed to the person being served the server should briefly describe the contents of the envelope (e.g. “these are court documents”).

If the person being served refuses to take the papers, they can be personally served by leaving the papers by the person’s side.  The server should record the date, time, and address where they handed the person the papers, since this information will be needed to complete the Proof of Service the court requires if the matter proceeds to litigation. 

Personal service must first be attempted before the server tries either of the other methods authorized by the statute. 

Substitute Service

CCP 1162(a)(2) allows a party to be served by substitute service, which the statute describes as “leaving a copy with some person of suitable age and discretion” at either the person’s residence or work and sending a copy through the mail addressed to the tenant at his or her place of residence.  For example, if the server first attempts to serve the tenant personally but the tenant’s adult roommate opens the door, the server can leave a copy with the roommate and then mail a copy to the defendant to complete service of the documents.

Posting and Mailing

If the first two methods of service are unsuccessful, service may be effectuated by “affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. “  (CCP 1162).  This is the so-called “posting and mailing” procedure authorized by CCP 1162(a)(3).

Can the Landlord Serve the Notice?

California law allows landlords (and any competent adult) to serve 3 Day Notices terminating the tenancy on the tenant.   Its prudent, however, for the landlord to use a neutral third-party professional to complete service, because doing so creates a rebuttable presumption that service was properly effectuated.  If the tenant ever challenges whether he was properly served, he or she would have to come forward with specific evidence above and beyond a self-serving declaration to overcome the presumption that service was valid. 

Please contact us with any questions regarding the above or if you are ready to start a case.  We can be reached at 888-441-2355 or info@lynxlegal.com.  Our experienced professionals are available to answer any inquiries or complete the intake for your case.