What cn I do if I am trying to evict my tenant but he is avoiding eviction by not being at the residence so he cannot be served?

UPDATED: Mar 29, 2012

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What cn I do if I am trying to evict my tenant but he is avoiding eviction by not being at the residence so he cannot be served?

I have had the sheriff post eviction notice. After the sheriff tried 3 times to give it in person, notice posted for non-payment on the 15th. Tenant has not been at apartment since the10th and has not removed notice from door. I got FED from court but sheriff cannot serve since tenant is not home and does not stay at the apartment. I went to the courthouse was told there was nothing they could do. It was suggested I call 211, they again gave no help. The apartment is full of rotting trash and holes in the wall with an electrical outlet hanging by the wires.

Asked on March 29, 2012 under Real Estate Law, Maine


Guy Kirkpatrick

Answered 10 years ago | Contributor

Most states have service rules, posting,publication and so forth.  People cannot "avoid" service by hiding.  The law is smarter than that.  You need to check.  Posting on the door is some states may be sufficeint.  You can access your states codes on line and there would be your answer or check with a registered process server in your area.  They can help you. 

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