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Serving Eviction Notice

The legal eviction process starts by the landlord serving a lawful eviction notice in the manner required by law. The method of service that is required depends upon the kind of notice that is being served.

Serving A Three-Day Notice

A 3-day notice to pay rent or quit, a 3-day notice to cure a breach of covenant, or a 3-day notice to quit for nuisance or illegal activity may be served by personal delivery to the tenant at the tenant's residence (or, in the case of a commercial tenancy, at the commercial premises) or by personal delivery to the tenant at the tenant's place of employment, if known. If the tenant cannot be personally served after an attempt to serve is made at the residence and at the tenant's place of employment, then the 3-day notice may be served by posting a copy in a conspicuous place at the residence and then mailing a copy by regular first class mail addressed to the tenant at the residence. Service in this manner on one co-tenant constitutes sufficient service for all co-tenants, but any sub-tenant should be served separately. (A sub-tenant rents from the master tenant, whereas each co-tenant rents from the landlord.) Service is not complete until the notice has been personally delivered, or both posted and mailed. The three-day period starts to run on the day after service is complete. If the third day falls on a weekend or holiday, then the tenant has until the following business day to comply with the 3-day notice.

Serving A Thirty-Day Notice Or Sixty Day Notice

A 30-Day Notice (tenancy of less than one year duration), a 60-Day notice (tenancy of more than one year duration) or a 120-Day Notice (Ellis Act) may be accomplished in the same manner as described above for a 3-Day Notice. In addition, the 30/60/120-day notice may be served by certified mail addressed to tenant at the residence or commercial premises. The period begin to run on the first day after the notice is mailed. I recommend serving an additional copy by regular, first class mail as a back-up, because certified mail delivery is often delayed. You may request a return receipt, but this is not required.