When being served eviction papers is it proper an legal service just to tape the papers to the front door?

Asked 11/20/2009 under Real Estate | 783 View(s) | More Legal Topics

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Eviction is highly technical--the requirements must be fulfilled EXACTLY. Failure to do will not prevent eviction indefinitely, but will require you to start over. Contact your local court and find out how to serve the papers properly (they probably have the information on a court website; if not, the clerk of the court should be able to direct you to the information). Again, follow it 100%.

The landlord has to serve the notice on the tenant or tenants properly. The landlord can do it him or herself, or s/he can ask a friend to do it.  The landlord can also hire a process server.  The person who serves the notice must be at least 18 years old.

There are 3 ways to serve the notice:

  • Personal service:  The landlord or someone else gives the notice directly to the tenant in person.
  • Substitute service:  If the tenant isn't home, the landlord can leave the notice with someone else at least 18 who is at the house and then mail a second copy to the tenant at the property.
  • "Nail and Mail" (posting) service:  If there is no one home to leave the papers with, the landlord can tape or nail the notice to the front door or somewhere where it can be seen easily, and send a copy by mail to the tenant at the property.

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