Posted in Blog  
  on Apr 13, 2015

How To Serve An Eviction Notice for Nonpayment of Rent

One of the biggest frustrations a landlord faces is a tenant that doesn't pay their rent. An estimated 2% of tenants tend to be problematic and may need to have the eviction process started. To do so, you'll need to create a notice that corresponds with the demands of your local landlord-tenant laws. Either 3 or 5 days in most jurisdictions, once the notice is created, it will need to be served. Many landlords choose to serve this notice in person. This may not be the wisest option in some jurisdictions. It may even be illegal in some locations. You may wish to serve an eviction notice for nonpayment of rent with these alternative.

1. Send it Via Certified Mail.

You may be able to mail this notice through first class mail, but sending it certified is a better option. This lets you know when the notice was officially delivered so that the timer can start counting down on the eviction process. If you use this method, your landlord-tenant law may require a hand-delivered notification as well.

2. Use a Process Server.

If your tenant isn't responding to the door or collecting their mail, using a process server is your next best option. Tenants like these will typically go through the entire court hearing, so this method will show the court that you've performed your due diligence. Remember that your eviction countdown may not start until the individual has been served, which may take a few days.

3. Deliver to a Prominent Location.

If all other methods do not work, then affix the eviction notice to a prominent location on the property. A front exterior entry door or window is typically chosen. To prove when you delivered the notice, take along a current day newspaper to include with the photograph. This will prove that you were there when you said you were there when no tenant response happens. Knowing how to serve an eviction notice for nonpayment of rent is beneficial for when the eviction proceeds to a court hearing because you won't give a judge any excuse to rule in favor of the tenant. Use these options to deliver your next notice and then prepare to file the unlawful detainer should the deadline on the notice not be met.


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