what would you do?

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Comments (9)

T

58 months ago

I have a tenant that is currently in eviction process. She wont open the door to the process server and hasnt paid rent for 2 mos. I received a note from her this morning stating that she now has a mouse in her apartment and wants me to supply a trap. Do I have to do that?

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AprGrad2004 in Seattle, Washington

58 months ago

Perfect! Serve her when you go to set the traps!
Also, look into the laws regarding serving eviction notices. You may be able to send via certified mail. My neighbors got evicted too.

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Charlie Wade in Bay Area, California

58 months ago

Didn't you post this before, you're in California? There are three ways to serve someone: hand delivery, certified mail, or posting at the main entryway (normally the front door) of the rental unit. Why aren't you just doing the third one? Using a process server for a rental property eviction notification is a totally needless expense since you can simply post it to the front door and make proper documentation of it afterwards.

Who's dropping the ball here, you or your landlord? There is no reason why a rental eviction should ever be held up by serving of documents since you can just leave them at the actual rental.

But AG2004 is right, just serve her yourself when she comes and gets the trap or you hand the trap to her. Hell, put it inside the trap when you hand it to her and then just say, 'By the way, you've just been served.'

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T in Modesto, California

57 months ago

Well, from what I've been told my my area manager and atty is that she has to be served by a process server. I don't have those documents since they are coming from the courts. So, I can't serve her. And her request for the mouse trap was to leave it on her porch. We left the trap, it wasnt what she wanted, so she placed it back on my doorstep ;)

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Charlie Wade in Bay Area, California

57 months ago

Wow. It sure seems like your not getting good directions there. At least the attorney should know better.

Of course you can serve her without a process server! People do it all the time without on. One way is certified mail, of course. But regarding rental property, I can't think of any state that doesn't allow a tenant to be served by posting the docs at their door.

And of course you can serve her yourself. Anyone who is not party to a suit can serve someone, a process server is just a paid non-involved party someone can hire to do it. Whomever serves her simply has to abide by the rules of serving someone and document the serving properly. Since any unlawful detainer suit is only between the landlord and the tenant, you are not party to the suit and thus can serve her.

For instance, people use friends all the time to serve others. I've done it, my brother (an attorney) even used me once to serve someone who his own client was suing. As long as you aren't a party to the suit, there is no reason why you can't serve her.

Leaving her a mouse trap and not making her interact with you to get it.... if you don't want a confrontation, then why let that opportunity go to serve her? I just don't understand that. She doesn't even have to know that you've given it to her at the moment she actually takes possession of it (put it inside the trap); all you have to prove is that you gave it to her. If it's in the trap and she takes the trap, you've served her. All you'll probably want to do is to then say, 'By the way, you've been served with the documents in the envelope inside the trap.'

No offense, but I kind of wonder how competent your area mgr and attorney really are. Serving a tenant is just so, so basic... and easy.

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HUDMANAGER in Sacramento, California

50 months ago

you can have your maintenance man serve the eviction notice. Unless he is going to be a witness, which I doubt. Kill two birds with one stone! And it's legal!

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HUDMANAGER in Sacramento, California

50 months ago

YOu can also post a 24 hour notice of entry to perform the pest control. then you don't need her permission and serve her!

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Brigitte in Altadena, California

36 months ago

The eviction lawsuit is best served by (a registered) process server, usually lawsuit/eviction is filed against the named tenant(s) and does 1 to .... or so called "unnamed tenants", if tenant(s) is/are evading other option will be obtaining sheriff's assistance; and 3rd option will be to do an "order to post" which is a motion filed with court, that it allows the eviction lawsuit to be posted on the door; a manager can NOT serve on "unnamed occupants".

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Apartment Manager in Encinitas, California

34 months ago

If the tenant is being served court papers, then it is true that you can not serve her. She has to be served by someone not a party to the case. If you are serving her with a 3-Day to pay, then you can serve her with one of the 3 methods as stated above. This matter is probably already solved, but for future reference.

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