Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
i live in a small apt complex all 4 tenets are being evicted we all signed the protest and my neighbor hand carried the answer to the lawyer.in a fue days he got served i wasn't home they never came back to serve me. don't they have to try 3 times then post it ?or because the neighbor had all our signatures on the answer is serving one guy fine ?
They have to comply with what the LOCAL law (state/County) requires.
This will vary some but **generally** the sticking point is proving they served the papers.
This is why 3rd party "process servers" and registered mail are popular.
I agree with MrRational. If you signed a protest, and the protest was about receiving an eviction notice, then the LL has proof that you received a copy. Legally, they'd probably win that battle in court.
But what they are supposed to do varies too much by state to answer that here. In my area, all we have to do is attempt delivery. If no one is home, we post the notice on the door and send a copy in the mail. Other areas require different things. I've never heard of requiring 3 attempts to serve before posting (the mailman does that with certified letters, though), but I suppose some areas might have that rule.
I've never heard of a protest being filed against an eviction. I suspect there is more to this story, especially since all 4 persons in a complex are being "evicted". Is it an eviction for non-payment, for lease violation, or is it just a notice to vacate (not the same as an eviction) on a month to month lease? If the latter, are you in a state where a specific reason must be given?
In my state, the only way a landlord could kick all the tenants in a building out at the same time would be if they either ALL weren't paying rent (3 day eviction notice), or if they were all month to month (30 day notice to vacate).
I agree with MrRational. If you signed a protest, and the protest was about receiving an eviction notice, then the LL has proof that you received a copy. Legally, they'd probably win that battle in court.
But what they are supposed to do varies too much by state to answer that here. In my area, all we have to do is attempt delivery. If no one is home, we post the notice on the door and send a copy in the mail. Other areas require different things. I've never heard of requiring 3 attempts to serve before posting (the mailman does that with certified letters, though), but I suppose some areas might have that rule.
I've never heard of a protest being filed against an eviction. I suspect there is more to this story, especially since all 4 persons in a complex are being "evicted". Is it an eviction for non-payment, for lease violation, or is it just a notice to vacate (not the same as an eviction) on a month to month lease? If the latter, are you in a state where a specific reason must be given?
In my state, the only way a landlord could kick all the tenants in a building out at the same time would be if they either ALL weren't paying rent (3 day eviction notice), or if they were all month to month (30 day notice to vacate).
Ad we all know that is a reliable way to effect service when multiple unrelated individuals live together.
Evictions notices are duct taped to your front door around here...they don't need to hand you anything and they don't need you to sign anything. It's tape to your door with red duct tape for all the world to see.
Each unit that's being evicted would have to have it's own notice addressing the occupants in that unit. One eviction notice isn't going to cover 4 units.
Check your local laws. Here in Delaware if the LandLord sends a Certified Letter to your address you have been served. Not necessary for you to sign for it or even be living at that address anymore you have been served.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
