§2.05 Service of Notice

A tenant must be properly served with a valid notice to terminate before a landlord is entitled to a judgment of possession. The landlord must allege and prove proper service of the notice before you can issue such a judgment. [See Leibovich v Shahrokhkhany (1997) 56 CA4th 511, 513.] If the tenant contests the fact of service, the landlord must show compliance with one of the statutory methods of service by offering testimony of the person who made the service, rather than an affidavit—unless the service was made by a sheriff, marshal, or registered process server. [56 CA4th at 513–514; EC §647; GC §§26662, 71265.]

The following methods of service comply with statutory requirements:

• 3-day notice [see CCP §1162]:
• Personal service on the tenant
• Substituted service (leaving a copy with a person of suitable age and discretion at the tenant’s residence or business and simultaneously mailing a copy to the tenant at his or her residence)
• “Nail and mail” (posting a copy of the notice in a conspicuous place on the property when substituted service cannot be completed, delivering a copy to a person residing there (if possible), and mailing a copy to the tenant at the property)
• 30-day notice, or 60-day notice effective January 1, 2007 [see CC §§1946, 1946.1]:
• All the above methods (in CCP §1162)
• Sending a copy of the notice to the tenant by certified or registered mail

Click           Click