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San Diego Eviction Attorney Discusses Who Should Serve a Notice on Tenants
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San Diego Eviction Attorney Discusses Who Should Serve a Notice on Tenants

As a San Diego Eviction Attorney, one of the most common reasons that people come to me after losing an eviction case they lost is that the tenant convinced the judge that they were never served with the notice (3 Day Notice or Pay or Quit, Thirty and Sixty and Ninety Day Notices, Three Day Notice to Cure or Quit, etc.).

The reason I most commonly hear for this is that they had a friend serve the notice and that friend could not come to Court.

So this begs the question, who should serve the notice?

As a San Diego Eviction Attorney, I have a few suggestions.

I think the best way to have the notice served is by using a registered San Diego process server.  Currently, I use eservesandiego.com.  So far we have been very happy with the service we have received from Ben Stone and staff.

Why use a registered California process server?  Because the law is on your side when you do.  Without getting to technical in legal jargon, California Evidence Code 647 says that when you use a process server that there is a presumption that the papers were served.  What does this mean?  It means that the tenant cannot come in to court and say she was not served.  That is not enough.  She has to provide some further evidence that she was not served: like a hotel bill that shows she was out of town or a pay stub that shows she was at work.  This is very good for the landlord trying to evict a tenant.

Another good option is for the landlord to serve the notice themselves.  A lot of San Diego landlords do not like to do this because they want to avoid a confrontation.  While I get this, would you rather avoid a confrontation now or lose at Court later?  I should point out that even when you serve the notice yourself, the tenant can still argue that it never happened.  At that point it is your word against the tenant’s word.  There are some ways you can improve your word.  One is to take a picture when you serve the notice.  This makes it very hard for the tenant to deny they were served.  You can also take a witness with you that will be available to come to Court.

In the end, the point is that a using a process server is probably the best way to go and serving the notice yourself is also good especially if you have a witness or a picture.  What you want to avoid is having a friend or family member that will not be available to come to court to serve the notice.

If you want to know more about the San Diego eviction process, read the related posts below or head over to our website dedicated to landlord evictions and written by our San Diego Eviction Attorneys.  You can also get our free report on top 3 three landlord mistakes.

Related posts:

  1. San Diego Eviction Attorney Discusses When Rent is Late
  2. San Diego Foreclosures, Evictions and The Protecting Tenants at Foreclosure Act of 2009
  3. San Diego Landlords Beware Shady Eviction Lawyers
  4. California Tenants and Foreclosure
2 Responses to San Diego Eviction Attorney Discusses Who Should Serve a Notice on Tenants
  1. NJ evictions
    October 19, 2010 | 11:17 pm

    One important thing you should know when learning how to evict a tenant is that you are generally not given the right of self help even after you win the eviction lawsuit. This means that you can’t change the locks on your property by yourself or cut off the electricity supply to chase your tenant away. A government employee has to do it for you.

  2. Rick Goulian
    October 20, 2010 | 3:26 pm

    How can you be sure that an evicted tenant will not get back into the home or apartment before you’ve had a chance to change the lock? Lock-Kill is a revolutionary new device witch makes sure no one can get back in.

    See the press release for this product at:
    http://www.prweb.com/releases/2010/10/prweb4649004.htm