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-   -   Tenant not available for the service of Notice to Pay Rent or Quit (https://www.askmehelpdesk.com/showthread.php?t=166554)

  • Dec 28, 2007, 01:28 PM
    Agharesen
    Tenant not available for the service of Notice to Pay Rent or Quit
    :confused: My understanding is that if a tenant does not pay rent, the next step is to serve a Notice to Pay Rent or Quit on the tenant. I also understand that it is recommended that the tenant be served in person with this notice and/or be served by Certified mail Return Receipt. The problem is that the tenant has made himself scarce and will not open the door when I go to the property, nor will the tenant sign for the notice that I sent by certified mail.
    What would be the next thing to do. Should I go to the court now and file a complaint and begin the eviction proceedings?
  • Dec 28, 2007, 03:55 PM
    LisaB4657
    You prepare a new notice. At the bottom of the notice you add "sent via regular mail and certified mail, return receipt requested". Then if the tenant does not sign for the certified mail, but the regular mail does not get returned, then a court will deem it to have been served.

    You can also post a copy of the notice on the front door of the premises.
  • Dec 28, 2007, 04:43 PM
    jillianleab
    I have always had my notices served by the sheriff's office. It's cheap, and when they serve it, they don't have to serve it to the tenant, just post it on the door. If, after that, you end up in court, your tenant says he/she never got the notice, the court asks for proof it was served by the sheriff's office (you get a receipt) and the judge deems that as being served. This is also a preferred route because it involves an un-biased third party for delivery of messages.

    I'm speaking from experience in Virginia, for my specific county; I don't know for sure if it's the same where you are, but it would be worth calling to find out.
  • Dec 28, 2007, 05:36 PM
    Fr_Chuck
    You need to check your state law, often it does not require much, since all that does, is allow you to file in court which will be served by the sheriff or court officer.

    In our state for example, if you send it to their address and they refuse to accept it certified ( you take the latter unopened showing it was returned to you as proof you tried service) Also in TN, just taping it to their front door is all that is required, I either have a witness with me, and often video tape it ( but never had to use the tape in court)

    The trick is that you find out what your court will accept or not accept
  • Dec 29, 2007, 06:54 PM
    Cvillecpm
    Check to see if you can nail/mail - post on the front door and send regular mail; substitute service - hand to anyone at the property and send regular mail; send FedEx no signature required where you can track delivery online... loads of ways to get him served including private process server or sheriff

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