What counts as someone being served notice?

My landlord came to serve my roommate but she wasn’t home. Because my roommate wouldn’t talk to me when she came home, I texted her saying that our landlord left a letter for her, and that it’s on her mail pile. Later that night, my other roommate saw the bad roommate come down and take the pile of mail. Does that count as being served if my landlord also sent a copy through the mail?

Asked on December 14, 2011 under Real Estate Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Service depends on the state law and rules of civil procedure. If you have two other roommates, it sounds like each of you appear to have separate leases to occupy a portion or the whole of the same space. If you don't, I would be worried what this service of process means to your lease. Going back to being served and whether it was served properly, most state require services by either certified mail or hand delivery. Either way, it could be considered perfected since he knew your roommate lives in this apartment and you have authority to accept mail on the occupants' behalf or appear to. The landlord could argue service was proper but again, one would need to look at your state's laws to be sure.


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