30-Day Notice Form To Correct Violation Of Obligation Of Tenancy Or Vacate Page 3
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Copies: After you have completed the form, you should make enough copies so
that you can give one (1) to each tenant or occupant named in the notice.
If you
serve by posting and mailing, you should have one (1) copy for posting and one
(1) copy for mailing for each tenant or occupant.
You should also keep one
(1) copy for your records.
Spanish Copy: The English and Spanish copy should be served together on each
tenant, even if you do not think that anyone living in the property speaks Spanish.
Serving the Tenant(s) with the 30-DAY NOTICE TO CORRECT VIOLATION
OF OBLIGATION OF TENANCY OR VACATE: Either you or some other person
who is at least 18 years old must give the notice to the tenant(s).
You can hire a
professional process server, but you are not required to. If you do not serve the
notice correctly, then the Court may dismiss your case.
There are four ways that you may give the notice to your tenant(s):
1.
Personally: You may hand the notice directly to the tenant(s). This is the
best way to make sure that the tenant gets the notice.
2.
Substitute: If the tenant is not at home, you may hand the notice to some
other person who lives in or is in possession of the property. If there is more
than one tenant, you may give one of the tenants copies for all of the other
tenants. Make sure that you leave enough copies for each tenant.
If you serve a tenant this way, make sure that the person you give the notice
to is at least 16 years old and actually lives there and is not just a visitor. If
you are not sure whether the person you are talking to is old enough or lives
in the property, you may want to try again at another time.
3.
Posting and mailing: If you have tried Number 1 (personal service) and
Number 2 (substitute service) but you have been unable to find anyone you
can give the notice to, then you are allowed to post the notice on the door of
the property and mail a copy to the tenant by first-class mail, postage
prepaid.
Before you are allowed to use posting and mailing, you must make a genuine
effort to find the tenant at home and to serve the tenant with the notice in
person. Usually, this means going to the property on at least two different
days and during at least two parts of the day. For example, if you try once
during normal working hours, you may want to try again on a different day,
either before or after working hours, or during the weekend.
If you know the tenant’s schedule, you should go to the property when you
think the tenant or occupant will be at home. If you know that the tenant
does not currently live in the residence, you should not resort to service by
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