How to serve a notice on a residential tenant

This applies to both commercial and residential.

You may serve any tenant notice in person (i.e., hand-deliver) yourself or have someone serve it on your behalf (i.e., manager, friend, etc.). If you have someone else deliver the notice, it should be someone who will be available and willing to go to court to testify that they hand-delivered the notice, if that becomes necessary.  Ideally, you should have the tenant acknowledge receipt of the notice by having the tenant sign your file copy (but this is not a legal requirement); give him/her the original. 

Putting a copy under the windshield wiper of the tenant’s vehicle is not lawful service.  Service by regular first class mail is also not lawful service.  Nevertheless, without regard to the method of service (i.e., lawful service or not), if the tenant actually receives the notice and admits to receiving the notice in court, then service of the notice is lawful and effective under the Act.

Alternatively, you may serve a tenant notice by having a private process server or the Sheriff serve it.  The latter method has the benefit of leaving a more lasting impression on your tenant to pay the rent when it is due, but is costly and may take several days before service is actually made.

Finally (for residential), you may serve any tenant notice by sending it certified mail, return receipt requested, but the time specified in the notice (i.e., 5-Day Notice, 10-Day Notice, etc.) does not start until the earlier of: (1) actual receipt of the letter or (2) five business days after it is mailed.  This may have the effect of extending the notice period by up to five days.

REMINDER: Personal service of the notice and sending it by certified mail, return receipt requested, are two methods of service that are expressly permitted by the Act.  Posting (i.e., taping or otherwise affixing a notice to the door) is not lawful service of a notice by the landlord. (Note: "Posting" is permitted for service of process {i.e., a Summons and Complaint} when done by a process server after personal service has been attempted). 

Comments

[Leon]

Very good post. I am experiencing a few of
these issues as well..