Can a Landlord Serve an Eviction Notice?
When a landlord files for an eviction, he has to follow a series of specific rules established by the state's landlord and tenant laws or acts. Failure to follow every aspect of the legal eviction process can result in an eviction dismissal or opportunity to countersue.
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Notice Types
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A tenant receives several different types of notices and summonses over the course of an eviction process. The eviction starts out with a termination notice given to the tenant prior to an eviction filing. This notice establishes the eviction reason and the date the lease terminates. Other notices served during the eviction case include the summons, eviction judgment and writ of possession.
Service Types
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The only type of notice that a landlord can serve personally is the initial termination notice. This notice is not filed through the court, so the landlord can serve it personally. Summonses, eviction judgments and writs are served by a constable, private process server or sheriff. The type of service depends on the requirements of the state. Some states prefer hand delivery to a tenant or someone living in the tenant's household. Other types of service include sending the notice by certified mail or posting it at the address.
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Legality
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A landlord isn't legally able to serve her tenant with any of the paperwork related to the eviction case. The only exception to this rule is the termination notice, as it precedes the eviction filing and isn't filed through the court. The proper service methods are regulated by the state's landlord and tenant laws, service laws or contract laws. The court clerk generally points the landlord in the right direction for a private process server or contacts the sheriff for service.
Warning
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If a landlord fails to serve a tenant with the written notice terminating the lease, the entire eviction case can be dismissed, as the tenant has not received proper service. This holds true if the summons or any other notices are not served by a process server or sheriff. The landlord has to have proof of service from the process server to confirm the tenant was properly served.
Time Frame
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State regulations control how soon a tenant needs to be served with a summons or notice after filing for an eviction. The first time period is the notice time given by the termination notice, anywhere from three days to 90 days, depending on the state and situation. After this notice period, the landlord can file the eviction lawsuit. A summons has to be served within a set time frame after filing so that the tenant can file an answer. Like the notice periods, this period of time varies from state to state; it's generally less than a week.
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