Last week, I wrote a short post about serving an unlawful detainer to a professional tenant. I forgot to mention that the rules of service of this summons and complaint are different from the rules of serving the famous Three Notice to Pay Rent or Quit.
#1 The Landlord (Housing Provider on CAR Forms) or anyone with an interest in the service can not serve the Unlawful Detainer, not like the 3 Day Notice.
#2 If the Landlord or Housing Provider wants to use the nail and mail procedure (give a copy to a responsible party at the location and then mail a copy), they must get the Court’s permission. And the Judges or Commissioners do not give this lightly. They have a lot of questions, such as how many times did you try, did you think of using the sheriff’s department, did you call the number on the lease, etc., etc. This was my situation, and I didn’t want to wait ten days. My posse method was immediate.
#3 Also, remember that if you nail and mail either document, service is assumed to be ten days later. That can be ten days of rent loss, and nobody likes to lose an additional ten days of rent.
#4 And the Rules are different if you have to serve a Claim for Right of Possession. These documents must be served by a marshal, sheriff, or registered process server, ONLY.
#5 Second And: The Rules can vary for Actions concerning Commercial Properties. I do not know those procedures and probably never will. #6 For more information about these ideas and their many nuances, you can visit California Code of Civil Procedures 415.10 to 415.46.
No comments yet.