How to Serve an Eviction Notice

Serving an eviction notice is a cardinal step if you want to terminate a rental agreement. It’s a formal communication from a landlord to a tenant, instructing them to rectify a specific problem by a certain deadline or vacate the property.

How to serve an eviction notice depends on your particular circumstance. They include:

In Person

The landlord or another person can serve the tenant an eviction notice. All you have to do is knock on the tenant’s door and hand them a copy of the eviction notice.

Pros of Serving an Eviction Notice in Person

• You can be sure the tenant received the notice
• If you get the tenant to sign that they received the notice, it provides proof of service
• It’s at no cost, as you don’t have to pay someone else to serve the eviction notice

Cons of Serving an Eviction Notice in Person

• Some tenants become violent when the landlord serves them an eviction notice in person, which could expose the landlord to physical harm.
• It may be difficult to prove the service of the eviction notice, especially if the tenant claims you didn’t serve them.

If your state’s law permits, a friend or family member can help you serve the eviction notice. Also, if you decide to follow the in-person route, it’s always better to go with someone. The person will witness that you served the eviction notice.

Process Server

A process server is a professional trained to serve legal documents. You can use their services if you’d rather not be involved with serving the eviction notice.

Pros of Using a Process Server

• They are experts and understand the applicable state laws, so they know how to serve an eviction notice properly.
• Process servers can provide proof of service detailing when and how your tenant was served. One common method is to provide a notarized affidavit of service. Some process servers use technology to provide date and time stamps and GPS coordinates alongside videos or images showing where and when they served the tenant.
• Process servers can go the extra length to serve a tenant who is intentionally evading service.

Cons of Using a Process Server

• Process servers charge a fee to serve eviction notices. The cost can be high, especially if they attempt to serve the tenant multiple times.
• A process server may violate due process, which can destroy your case if the tenant fights the eviction.

If you use a process server, verify their qualifications and background to ensure you’re working with an expert. Also, while process servers do not need to be licensed in every state, find out if your state requires it.

Local Law Enforcement

You can serve the eviction notice through the sheriff or other local law enforcement.

Pros of Serving Through Local Law Enforcement

• It’s easier to provide proof of service.
• It ensures compliance with legal requirements, as law enforcement officers are trained on the procedures to follow while serving processes.
• It may motivate your tenant to comply with your demands.
• If there are safety concerns, for example, if your tenant is hostile and likely to become violent, using local law enforcement can provide extra safeguards.

Cons of Using Local Law Enforcement

• You may have to pay a fee, depending on your jurisdiction.
• Law enforcement officials may not serve the eviction notice as promptly as you would have wanted them to, so this may not be the best option if you want to move quickly.

Sometimes, serving an eviction notice through local law enforcement may be the ideal choice. It may be your only option if you don’t want to serve in person, your state law does not allow service by mail, and there are limited process servers in your area.

US Mail or Certified Mail

You can serve eviction notices through US or certified mail if your state allows it. This is probably the most effective way to serve an evasive tenant an eviction notice.

After you send the notice of eviction via certified mail, wait for a return receipt. When you get the return receipt, post the eviction notice at a conspicuous spot on the property, such as the garage or front door.

Pros of Serving via Mail

• If you serve via certified mail, you’ll have peace of mind knowing the tenant received the eviction notice once you have the return receipt.
• The return receipt in certified mail serves as proof of service.

Cons of Serving via Mail

• If you serve via certified mail, you must wait for the return receipt, which can delay the eviction process.
• It may be tough to prove that the tenant received the eviction notice if you serve via US mail.
• The eviction notice or return receipt can get lost.
• You’ll have to pay a fee to send an eviction notice via mail.

Frequently Asked Questions