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Proof of service for tenancy termination Giving Notice

Discussion in 'Moving In & Out, Movers' started by Greg G, Jul 25, 2016.

  1. Greg G

    Greg G Law Topic Starter New Member

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    Jurisdiction:
    California
    As a landlord, if I'm delivering a 30-day notice of termination of tenancy for a month-to-month rental (or 60-day if it's a tenancy over 1 year), can I certify service using the post-and-mail process if I can't deliver it personally to the tenant?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Yes.

    Sections 1946 and 1946.1 of the landlord tenant statute state:

    "The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party."

    CA Codes (civ:1940-1954.1)

    Section 1162 provides options:

    "1162. (a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods:
    (1) By delivering a copy to the tenant personally.
    (2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.
    (3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner."


    CA Codes (ccp:1159-1179a)

    People tend to duck certified mail as bad news so make sure you get a tracking number although I read an opinion somewhere (can't remember where) that just evidence of "sending" the certified mail will suffice even if the recipient ducks it. Be that as it may, if you are also going to post it at the premises I suggest you take a witness who can take a dated photograph of you doing the posting and who is willing and able to testify in court as to delivery if needed.

    I'm guessing this is the problem tenant you alluded to in your earlier thread so make sure you cover all the bases so you don't have to start all over again later on.
     
  3. Greg G

    Greg G Law Topic Starter New Member

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    Reply: Thanks! Excellent information.
     

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