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Q.What is proper service of a Notice? How do I know If I Was Served Properly?
A.California Code of Civil Procedure Section 1162 allows a landlord, the landlord's agent, or anyone over 18 to serve a 3-Day Notice, 30-Day Notice or 60-Day Notice on the tenant in one of three ways:
- by personal service (you are personally handed the Notice);
- by substituted service (the Notice is left with a person over the age of 18 at your home or work and a copy is mailed to your rental unit's address); or
- by posting and mailing (the Notice is tacked to the entrance of the rental unit and a copy is mailed to your rental unit's address).
Effective January 1, 2007, Civil Code Section 1946.1(f) now permits a landlord to send the notice to the tenant by certified or registered mail return receipt requested.
If the Notice was personally served, the notice period begins to run the day after the tenant receives the notice. If the Notice was served by substituted service, the notice period begins to run the day after the notice was both served and mailed. If the Notice was served by posting, the notice period begins to run the after the notice was posted and mailed. Please note that the effective date is the date of mailing, not the date the Notice is actually received.
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