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How to Serve a Three Day Notice to Pay Rent or Quit to Start an Eviction

Service of the Three Day Notice to Pay Rent or Quit can commence your eviction (also known as an unlawful detainer). If the Three Day Notice is not filled out properly or is not served correctly, a landlord or property management can lose the entire eviction and would need to start all over again. Thus, it is important for a landlord or property management to properly serve a tenant a 3 Day Notice.

There are three methods to serve a 3 Day Notice to Pay Rent or Quit. The following describes each method:

Personal Service

A landlord, property management, or the landlord’s agent can simply hand the 3 Day Notice to the tenant.

Substitute Service

A landlord, property management, or the landlord’s agent can hand the 3 Day Notice to anyone at the premises if the tenant is not home or at work. The person must be 18 years old or older. A copy of the 3 Day Notice must also be mailed to the tenant at the unit.

“Nail and Mail” Service

As a last resort, you can also serve a tenant a 3 Day Notice by “nail and mail.” A landlord, property management, or the landlord’s agent needs to post a copy of the 3 Day Notice, usually on the front door of the unit. Further, a copy of the 3 Day Notice must be mailed to the tenant. The three day period does not start until the notice is mailed. This is the method of notice of last resort as the first two methods should be attempted first.

Mailing Notices

There is no requirement that notices must be mailed by registered or certified mail; however, those methods of mailing are able to be proven a little easier than simply mailing a notice. If you mail notices through substitute service or “nail and mail,” it may be worth it to do it by certified or registered mail.

Who Can Serve? 

Anyone 18 years old or older can serve a 3 Day Notice. Unlike the Complaint, a landlord can serve the 3 Day Notice.

It is also important to note that the Los Angeles Rent Stabilization Ordinance does not impose additional requirements for Los Angeles landlords, who must simply follow State law to serve a 3 Day Notice.

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