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Old 09-29-2014, 06:13 AM
 
8 posts, read 9,087 times
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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 ?
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Old 09-29-2014, 06:23 AM
 
Location: The Triad (NC)
29,581 posts, read 64,142,266 times
Reputation: 34332
Quote:
Originally Posted by jason98108 View Post
don't they have to...?
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.

Start accumulating some boxes and packing.
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Old 09-29-2014, 07:00 AM
 
8 posts, read 9,087 times
Reputation: 15
oh im ready packed have a place. its not about whos right its about who can pay sounds like justice
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Old 09-29-2014, 10:07 AM
 
Location: Boise, ID
8,043 posts, read 24,257,241 times
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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).
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Old 09-29-2014, 12:33 PM
 
33,046 posts, read 22,617,513 times
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Quote:
Originally Posted by jason98108 View Post
oh im ready packed have a place. its not about whos right its about who can pay sounds like justice

Welcome to America!
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Old 09-29-2014, 12:36 PM
 
33,046 posts, read 22,617,513 times
Reputation: 8973
Quote:
Originally Posted by Lacerta View Post
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.
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Old 09-29-2014, 06:17 PM
 
Location: Boise, ID
8,043 posts, read 24,257,241 times
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Quote:
Originally Posted by freemkt View Post
Ad we all know that is a reliable way to effect service when multiple unrelated individuals live together.
It may or may not be reliable, but it is all that is legally required to have legally served notice.
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Old 09-30-2014, 04:13 AM
 
8,959 posts, read 19,788,520 times
Reputation: 12197
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.
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Old 02-19-2016, 12:52 PM
 
Location: Long Neck , DE
4,903 posts, read 3,139,119 times
Reputation: 8033
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.
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