written notice

[tst]

If said t from "notice to vacate" were given written notice with others present, would that be acceptable, or will I have to have process server do it? Also, with every day that said t avoids written notice, does that extend time to vacate?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tst:
If said t from "notice to vacate" were given written notice with others present, would that be acceptable, or will I have to have process server do it? Also, with every day that said t avoids written notice, does that extend time to vacate?<HR></BLOCKQUOTE>

Any officer of the court should be qualified to serve the notice ie. process server, deputy sheriff, police officer, attorney etc. The notice to vacate time period commences when the tenant receives the written notice. If tenant is not served the notice, the time period in which to vacate has not been established.

 

[Tracey]

You don't even need witnesses to give T a notice to cure or vacate. It merely has to be in writing. You can give it to T, nail it to the door, or send it certified mail. If T doesn't pick up the mail, T is still charged with notice.

After T ignores the notice, you'll say in your complaint & affidavit in support thereof that you gave T written notice on 7/x/00 by handing the notice to T. You have to have a disinterested person over 18 serve the complaint & summons T personally, or leave the papers at T's residence with a person who lives there, or send them by certified mail. You can also pay a process server $40 to do it.

T's time to vacate doesn't start until T gets the notice. However, usually leaving the 3-day notice on the door is sufficient to start the clock running.

Check your state's eviction proceeding laws to see what kinds of notice are allowed.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.