Results 1 to 2 of 2
  1. #1
    Join Date
    Sep 2016
    Posts
    13,916

    Default How to Serve Notice Terminating a Tenancy

    If you're in California and you want to give notice to terminate a tenancy, such as a 30- or 60-day notice to terminate a rental agreement, how do you serve that notice? Is it different for a landlord vs. a tenant?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Serve Notice Terminating a Tenancy

    A tenant should start by reading the lease agreement, to see what it provides in relation to the length of notice, address to which notice must be sent, and the manner in which notice is to be sent (e.g., first class mail). A tenant should attempt to get written confirmation from the landlord that the notice has been received and accepted.

    For a landlord,
    Quote Quoting California Civil Code, Sec. 1162.
    (a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods:

    (1) By delivering a copy to the tenant personally.

    (2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.

    (3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.

    (b) The notices required by Section 1161 may be served upon a commercial tenant by any of the following methods:

    (1) By delivering a copy to the tenant personally.

    (2) If he or she is absent from the commercial rental property, by leaving a copy with some person of suitable age and discretion at the property, and sending a copy through the mail addressed to the tenant at the address where the property is situated.

    (3) If, at the time of attempted service, a person of suitable age or discretion is not found at the rental property through the exercise of reasonable diligence, then by affixing a copy in a conspicuous place on the property, and also sending a copy through the mail addressed to the tenant at the address where the property is situated. Service upon a subtenant may be made in the same manner.

    (c) For purposes of subdivision (b), "commercial tenant" means a person or entity that hires any real property in this state that is not a dwelling unit, as defined in subdivision (c) of Section 1940 of the Civil Code, or a mobile home, as defined in Section 798.3 of the Civil Code.
    If the landlord has restricted the manner of service in the lease, the landlord should also be sure to follow the provisions of the lease.

    If a notice is sent by certified mail, for purpose of getting a return receipt, it makes sense to send a second copy by regular mail. Sometimes a certified letter will be returned due to the inability of the postal carrier to obtain a signature, in which case the notice will not actually be received by the addressee. At other times it may be refused, once again without service upon the addressee.

    1. Sponsored Links
       

Similar Threads

  1. Eviction Notices: Condo Association is Terminating Tenancy of Garage, Rented Separately from Residence
    By ///MClass82 in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 04-12-2014, 10:26 AM
  2. Defenses to Eviction: Eviction Case Started Without Service of a Notice Terminating My Tenancy
    By Jhughes in forum Landlord-Tenant Law
    Replies: 10
    Last Post: 01-02-2014, 11:10 PM
  3. Eviction Notices: Given Notice Terminating Tenancy
    By Crovax in forum Landlord-Tenant Law
    Replies: 12
    Last Post: 01-08-2013, 09:58 PM
  4. Eviction Notices: Retaliatory Notice Terminating Tenancy
    By FreeSpirited1 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-25-2010, 02:55 PM
  5. Eviction Notices: How to serve a three day notice
    By Cady06034 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 12-17-2005, 04:25 PM
 
 
Sponsored Links

Legal Help, Information and Resources