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Guidelines on How to Serve Eviction Notices

  • August 24, 2011
  • by ServeNow Staff

Serve Eviction Papers

Serve eviction papers

Though it can be stressful and unpleasant to evict a tenant, it is sometimes unavoidable. As a landlord, you must take certain steps as established in your state's landlord and tenant laws to set the eviction in motion. Read on to learn how a process server can help you follow all aspects of the legal eviction process.

What is an Eviction Notice?
An eviction notice is official notification to a tenant to quit the rental premises. It states lease violations committed by the tenant and the length of time the tenant has to make restitution. Depending on local laws, the deadline might be less than a week in the case of missed rental payment or longer in the case of property damage. A notice of eviction generally cannot remove a difficult tenant, but its official receipt is the first step in the legal eviction procedure.

Why are Eviction Notices Used in the Legal Process?
This notice often serves as a warning to non-compliant and delinquent tenants. Ideally, you and the tenant will reach an agreement, eliminating the need for further action. If the tenant pays back rent or satisfies other terms of the lease, you may decide to tear up the notice, putting an end to the process. If the tenant will not comply with terms of the lease, your next step is to file an eviction order. You may not attempt to physically remove a tenant during proceedings. Only an authorized officer of the court may do so after a judge has finalized the eviction order.

How Do You Get Eviction Papers Served?
A notice of eviction must be served according to state laws, and the language it uses must be unambiguous. You do not want tenants to argue that the notice of eviction was delivered to the wrong recipient or that the notice was so unclear it is not legally binding.

Why Do You Need a Process Server?
A process server is knowledgeable about state and process serving laws and will deliver documents in compliance with those laws. A process server acts as a neutral third party to give proper notice, preventing the tenant from claiming he or she never received the notice. Additionally, a process server will ensure that no laws are broken during the process service, which could cause dismissal or delay of the case. Proper process service will ultimately save you money by preventing legal costs caused by improper serving.

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