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60 days notice - Landlord Forum thread 336844

60 days notice by Lily (CA) on July 2, 2015 @02:00

                              
I sent the 60 days notice by using certified mail. But the tenant said that they didn't receive it. What can I do?

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Re: 60 days notice by Garry (Iowa) on July 2, 2015 @08:53 [ Reply ]
Do nothing. The T will get 2 notices from the post office telling them when and where they can pick up the cert mail. About 50% of all cert mail is never picked up. Your notice is still in effect even if your T never picks it up. The letter should come back to you if the T doesn't pick it up. Keep in unopened, and if it ever gets to the point you go in front of a judge, the judge will open it, as proof you did mail it.
Re: 60 days notice by Mark on July 2, 2015 @10:10 [ Reply ]
There are 3 ways to serve the notice in California:

Personal service: You or someone else gives the notice directly to the tenant in person.

Substituted service: If the tenant is not home, you can leave the notice with a member of the household, at least 18 years old, where the tenant lives AND then mail a second copy to the tenant at the property.

Posting and mailing ("nail and mail") service: If there is no one home to leave the papers with, you can tape or nail the notice to the front door or somewhere where it can be seen easily AND send a copy by mail to the tenant at the property.

Seems you have failed to properly serve the tenant with the sixty day notice.
Re: 60 days notice by Carla (Ca) on July 2, 2015 @11:12 [ Reply ]
The landlord must first try and serve the notice to tenant at home, more than one attempt is needed. The notice can also be left with an adult (18 years or older) at the home and a copy is mailed to the tenant by first class mail. If nobody is at the home, then and only then, can the landlord serve the notice by posting a copy on the front door and mailing a copy by first class mail.

Serving the 30/60 day notice by mail only is not proper service as require by law and will be deemed to be defective service.

Also note that each tenant listed on the lease must receive a separate copy of the 30/60 day notice.
Re: 60 days notice by Melanie (CA) on July 2, 2015 @13:11 [ Reply ]
As others have said, sending a notice certified mail is NOT a legal way to serve in California. Please follow the directions of proper legal service, or your notice will be tossed out of court.
Re: 60 days notice by anon on July 3, 2015 @14:40 [ Reply ]
You are correct. You only need to do it by regular mail, but it is recommended you do both-certified and regular.

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