October 9th 2007 06:42 am
Closing the Door on Proving Service of Notices
There are three methods to serve eviction notices authorized by statute . One is personal service – i.e. hand delivery to the tenant. Another is substitute service. This requires personal delivery to a person of suitable age and discretion and mailing to each tenant. The third is conspicuously posting on the premises and mailing to each tenant.A potential pitfall for a landlord serving a notice by either personal or substitute service is that the tenant or substitute served might (and sometimes will) come to court and claim that they were never personally handed a notice.
To avoid this scenario, always place a notice on the door and mail a copy to each person residing in the property (whether or not they are supposed to be) no matter who you may have handed one to. All you need prove is that it was posted, not that the tenant ever saw it posted, and your declaration of service is presumed valid. Consider taking a photo.
The tenant gets an extra day when you mail a notice (which to be clear is required with substitute service or posting). Nevertheless, the advantage is that people lie in court every day, whereas doors very rarely do.
Scott Eller
Washington Landlord-Tenant Attorney
TM
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