Serving Eviction Notices

The information on this page pertains to pre-litigation eviction notices, such as a notice to pay rent or vacate.  The instructions on this page are not applicable to serving the summons and complaint or any other pleading.

These instructions on serving pre-litigation eviction notices apply to all tenancies, both commercial and residential.

Free eviction forms.

Eviction notice forms are available to download for free on our eviction notice forms page.

Serving notices.

It is vital to a successful eviction that any required pre-litigation notices be properly served. Time and manner of service is strictly construed against the landlord. There are three legally valid methods of service. Actual receipt of the notice is not enough, and the landlord need not prove it. Instead, the important point is to follow the statutorily mandated service methods.

Note that additional requirements may apply for Section 8 tenants.

You must serve eviction notice forms in one of these three ways:

1. Personal service.

Hand a copy of the notice to each tenant.

2. Substitute service.

1) Serve copies to a person of suitable age and discretion. Hand one set of notices (one for each tenant) to either a tenant or someone of suitable age and discretion. There is no bright line age limit. Rather the idea is someone old enough to understand the importance of the document.

AND

2) Mail. Mail a copy separately to each tenant.

3.Posting and mailing.

Only if no one is available to serve in hand the landlord may post and mail notices.

1) Knock. This type if service is only valid if there is no one to serve in hand. Therefore knock on the door beforehand.

AND

2) Post. The notice must be conspicuously posted on the premises. Post on the front door at eye level, preferable with the text out. Do NOT place through the mail slot, in the tenant’s mailbox, under the welcome mat, etc.

AND

3) Mail. Mail a copy separately to each tenant.

Multiple occupants. Put all names of all adults on each notice and serve multiple copies of one identical document.

Computation of time. The day of service does not count.  Add one additional day if service involves mailing.

For a “twenty-day” notice to terminate a tenancy the date of termination of the tenancy is not calculated by adding twenty days to the date of service. Instead, the date of termination is the last day of a rental period (typically a calendar month) and must be served at least twenty days in advance.

Review your lease. If the terms of the lease grant more time than the statutory minimum, the lease terms control. However, you cannot shorten cure periods.

Form and content. The landlord must strictly comply with time and manner requirements. Substantial compliance, rather than strict compliance, is required for form and content of notices. A landlord should take care to avoid common defects in notices.

Rent. “Rent” is legally defined for residential tenancies to include only recurring periodic charges.  This includes utilities. Other fees and charges may be included only if the tenant is allowed to pay them in installments from the beginning of the tenancy. While this statutory definition applies to residential tenancies, it is best to follow similar guidelines for commercial tenancies as well.

Do not include notice fees, late fees, or any other non-recurring charges, especially on residential notices.

As always if uncertain consult with an attorney before acting.