What is the legal age of giving someone a notice to vacate and what constitutes proper service?

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What is the legal age of giving someone a notice to vacate and what constitutes proper service?

My landlord served my 16 year-old son, who is listed as a minor on the lease, a 5-day notice to vacate. Is this legal? It was stuck in an insurance envelope. My son was home alone. He tossed it on the table and I just happened to notice i t(I almost threw away because I didn’t recognize it). I want to know if my son was legally served?

Asked on May 23, 2011 under Real Estate Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You would have to check the service of process statutes in your state but in most states it says to a person "of suitable age and discretion" is good service if the process server can not serve the actual named person.  If your son was a person of suitable age and discretion is something for the court to determine under the circumstances.  Now, the tactic of using an envelope with insurance information on it may also be a point on contention here.  Nevertheless you need to deal with the matter.  Once you do not vacate the premises and the 5 days expires your landlord will bring an action to have you ejected and to allow him to regain possession.  That will also have to be served.  Once it is you can answer the papers and raise the issue of the five day notice being improperly served.  The 5 day notice is a prerequisite to the ringing of the action for ejectment.  You may want to discuss all this with an attorney in your area.  Good luck.    


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