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Eviction rules depend on the state. Which state is the rental in?

Learn › Landlords · 4 min read

How to serve a notice (and prove it)

Allowed delivery methods, who can serve, and how to fill in a proof of service the court will accept.

Common methods

  • Personal delivery — handing the notice to the tenant. This is the strongest proof.
  • Substitute service — leaving it with an adult who lives at the home, often followed by mailing a copy.
  • Posting and mailing — attaching it to the door and mailing a copy, usually allowed only if personal delivery was tried first.
  • Mail — certified, registered or first-class mail, where allowed. Mailing sometimes adds days to the notice period.

Who can serve

In most states the landlord, the property manager or any adult can serve a pre-filing notice. Court papers (the summons and complaint) are different: they are usually served by a sheriff, constable, marshal or licensed process server.

Proof of service

Write down immediately: the date and time, the address, the method, the name or description of the person who received it, and who served it. Sign the proof of service; many courts require it to be signed under penalty of perjury. Take a photo of a posted notice and keep mailing receipts. File the proof with your complaint.

Ready to prepare your papers?

The Filing Wizard applies your state’s rules and fills in the notices and court forms.

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More guides

General information, not legal advice. Laws change; we strive for accuracy but don’t guarantee it.