What is an Order to Post and When is it Necessary in a California Eviction Proceeding?

As a matter of fairness, litigants in any lawsuit are entitled to notice of the proceeding and an opportunity to be heard. In legal parlance, this is called “service of process”.  Eviction proceedings are no different.  Residential landlords seeking to remove a problem tenant in California are required to notify them of the proceeding in a manner authorized by California law.  The case cannot proceed until this notification occurs and proof of the notification (“Proof of Service”) is filed with the Court.   

At the beginning of the action, the law generally requires that the papers must be personally delivered to the defendant – called “personal service”.  Another accepted method is delivery of the papers to someone in the household of suitable age and discretion to be able to accept the papers on the defendant’s behalf.  This is called “substitute service”.  In many cases the defendant cannot easily be served using either method, usually because he or she is actively evading service.  In those instances, the law permits service by “posting and mailing” (also called “nail and mail”).  Specifically, the notice can be served by affixing a copy of it to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to the tenant at the rental unit’s address. Service of the notice is not complete until the copy of the notice has been mailed. 

In order to take advantage of this option, the Plaintiff must first obtain a court order authorizing service of process in this manner.  Issuance of such an Order requires a showing that the landlord made a reasonably diligent effort to serve by personal or substituted service. More specifically, least three attempts at personal or substituted service must be made on three different days before the landlord can utilize this option. 

We must prepare a motion and court order for the judge’s signature permitting this process.  If the landlord can show reasonable diligence in attempting to serve personally or by substituted service, the court will then issue a posting order which authorizes the landlord to post a copy of the summons and complaint on the front door and mail a copy of the summons and complaint to the tenant at the tenant’s last known address.

It typically takes a couple of weeks for the court to process our request.  Once signed, our process server will again visit the rental unit and tape the court documents to the door. A defendant normally has 5 court days to respond to an unlawful detainer complaint.  However, when an order to post is used to effectuate service of process, the law provides the tenant with an additional 18 days to file a response to the complaint.

Lynx provides Order to Post services in every California judicial district.  Please call for a quote if you need this service, or for any eviction-related needs that may arise.  We can be reached at 925-237-9216 or toll-free at 888-441-2355.  You can also schedule a telephonic consultation with one of our service representatives by using the Calendly button on our website.  Our experienced professionals are standing by to answer any questions you may have.