Legal Q&A

Can I serve a 3-Day Notice to Pay Rent or Quit myself?

You can, but…don’t!
In California’s highly regulated landlord-tenant legal environment, serving a 3-Day Notice to

Pay Rent or Quit (“Notice”) is a crucial first step in initiating an eviction for nonpayment of rent

against a tenant. Although landlords can serve the Notice themselves, using a registered process

server is a prudent decision that can protect landlord rights and minimizes delays in an eviction

action.

1. Process Servers (Usually) Do it Right

Proper service of the Notice is an essential prerequisite to a landlord’s right to recover possession

of their property. California Code of Civil Procedure § 1162 prescribes three methods for serving

a 3-Day Notice: personal service, substituted service, and posting and mailing. Each method has

strict requirements and must be executed precisely. Any deviation of service can invalidate the

Notice and jeopardize the eviction case. Expect tenant attorneys to challenge improper service

aggressively. Registered process servers are experts in serving Notices and once done they

provide proof of service documenting when, where, how and to whom the Notice was served.

Such documentation is important for when service is later challenged by a tenant.

2. Process Servers Get a Powerful Presumption

Most advantageously, California Evidence Code § 647 establishes that a proof of service by a

registered process server creates a presumption of proper service. In Palm Property Investments,

LLC v. Yadegar, the court concluded that service of a 3-Day Notice to Pay or Quit, coupled with

a proof of service by a registered process server, carries evidentiary weight. The court held that

unless a tenant presents credible rebuttal evidence, the presumption stands and the landlord

prevails on the challenge. (Palm Property Investments, LLC v. Yadegar, 194 Cal.App.4 th 1419

(2011).) This means that absent evidence to the contrary a Process Server’s work is presumed to

be valid by the court.

3. Using a Process Server is Efficient & Safer

Improper or delayed service of the Notice can cause an eviction case to be pushed back by weeks

or even months. Registered process servers can help with the efficiency of the eviction by

ensuring Notices are served promptly and in compliance with legal procedures the first time.

This helps the eviction process to move forward without experiencing procedural setbacks

relating to the Notice. Finally serving the Notice yourself can lead to a confrontation with the

Tenant that can be at the least counter-productive or at the worst dangerous –safety first.

Conclusion

While serving a 3-Day Notice yourself may appear cost-effective, the potential risks and lack of

a presumption usually outweigh the costs savings, especially in California where eviction laws

are tenant friendly and procedurally strict. Having an experienced Landlord attorney like us on
your side is critical. Contact McLaughlin Sanchez at info@msllp.law or at 415-655-9753 for a

no-cost call to see how we can be of help today!

Disclaimer: The information contained in this article is general in nature. Consult an attorney for

advice with regard to any specific problem.

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