Can a landlord serve a notice to quit on someone who is out of town?

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Can a landlord serve a notice to quit on someone who is out of town?

I am late paying my rent and have every intention of paying it. I called my landlord to let them know i was out of town until the 5th and they said i would have a late fee but that was fine. I was scheduled to be back on the 5th but due to engine trouble got delayed so I had a friend go feed my animals and they said I had a notice to quit on my door dated the 4th. Can my landlord serve me like that even though they knew I was out of town.

Asked on December 7, 2011 under Real Estate Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Two different issues:

1) Can a notice to quit be served on someone who is out of town? Yes--being out of town does not prevent service (or eviction or lawsuits), since otherwise it would be too easy for a party to avoid legal responsibility by simply making him/herself unavailable.

2) Was it served properly--even though it can be served on someone out of town, it must be served in the proper way. You do not indicate your state; check your state's court rules for proper service of a notice to quit, to see if and what the requirements are. Check also your lease; the lease may state the method(s) of service.


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