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How does the landlord let the tenant know that s/he filed an unlawful detainer?

The landlord has to serve the tenant with the Unlawful Detainer. The landlord can serve the tenant in one of these 3 ways:

Personal Service:The server personally gives the tenant the papers in person. If the tenant won't take the papers, the server can tell the tenant that s/he's being served and leave them as close to the tenant as possible.
Substituted Service:

If the tenant is not at home or work when the server comes, the server can give the court papers to an adult in charge where the tenant lives or works. The server must also mail a copy of the Summons and Complaint to the tenant at the address where the papers were left.

The landlord can't use this type of service until the server tries at least 2 or 3 times, on different days and different times of the day, to serve the tenant in person. This is called "due diligence". The server will have to fill out a form that says what days and times s/he tried to serve the tenant in person and that s/he exercised "due diligence."

Posting and mailing:

The landlord can only use this type of service if the court gives him/her permission. To ask the court, the server must first try to serve the tenant in person and by substitute service, and write a declaration for the court explaining that they were not successful.

If the judge lets the landlord serve by posting and mailing, the server has to post a copy of the summons and complaint on the property where the tenant will see it, and send another copy by mail to the property.

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Last modified: 03/17/2008

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