cannot serve tenant in person - next steps?

Question

Hello,

I am trying to service the landlords 10 day notice to quit the premises for breach of lease

The tenant will not answer the door or phone calls or anything so what is the best way to proceed to get the 10 ten notice to them?

The lights in the home are on but no one will come to the door.

I suspect he has been through this before.

What is the best thing to do here so I can start my 10 days.

I must have the document notarized once it has been served - saying it has been served.

Thank you

Kimberly H. · Answer

@Jay P. I am pretty sure in our area we can't  just post it to the front door.  Personally I would hire a process server or even better flat fee lawyer to get it done. Or try cash for keys to get them out. There could be a loophole created by your friend doing it, and then if your tenant knows how the game is played, or they hire a lawyer, they could get the notice thrown out, and the clock would start all over again. It takes WAY to long in our area to get an eviction done when you do everything by the book so I wouldn't mess around with this trying to save a nickel and being out thousands in many more months of unpaid rent instead.

Marcia Maynard · Answer

Follow what is allowable in your jurisdiction. Landlord-tenant laws tend to be very clear as to how to service legal notices. Many jurisdictions allow for an alternate means for serving a "notice to comply" or "notice to pay rent or quit".

Often this can be achieved by something nicknamed "Nail and Mail". This requires posting the notice in a conspicuous spot on the premises and also mailing a copy of the notice to the tenant.

When we post notices on doors (or elsewhere), we use colored "frog" tape. It's like painter's blue tape but in green or yellow colors. This kind of tape does not damage the surface and it's color catches the eye of the tenant or passersby. If I don't have the green or yellow frog tape, I use painter's blue tape, which still comes off easily if not left on for too long. For documentation, take a photo of the posting with the date. Be sure the photo shows where it was posted, so step back to include the door and the house/unit number if possible.

When we mail notices, we do so at the post office and we get a "certificate of mailing" to document when we mailed it and to whom it was mailed. Don't do anything that requires the tenant to sign that they have received the mailing, as they are likely to avoid doing so and delay the process.

Zoran Stanoev · Answer

Account Closed it doesn't matter who the tenant has helping him/her, if the landlord has an attorney and the tenant isn't paying rent, the tenant is going to lose and get evicted.  Even in Chicago, a very pro-tenant forum, a judge will have no choice but to enter an eviction order.  it's just a matter of when, not if.

Jay P. · Answer

Hi Zoran, I have an attorney now! thanks for the advice!

Lois Ginter · Answer

The rules for the landlord notice and the summons are different.  Did you get your landlord notice notarized with the name of your friend as the server?  Mine read that I served the landlord notice.  When you file the summons, you will need to provide the notarized copy of landlord notice to the court.  Hopefully, your tenant will move on before you have to file for a summons.  I have been trying to get this tenant gone since December.  She gave her 30 day notice, and then didn't move.  I filed a five day notice for missed December rent on January 3rd, to her 13 year old son, as allowed by Illinois law.  Shen then was able to evade the process server for the summons.

Is your property in Cook County?  That is a whole other layer of complexity......I use a local attorney who handles everything for me except the landlord notice.  I have a clause in my lease that the tenant is responsible for legal fees.

Jay P. · Answer

I was able to have him served by texting him into saying repair man was coming to fix an issue (something reported AFTER he stopped paying rent) - then my friend went and served him once he said he was home and waiting.

Fooling him like this - would it be an issue in court?

He has been evading answering the door to my realtor even though he was home - we could see him through the window the previous night...

Lois Ginter · Answer

You might just have to camp out and catch them when they leave / return for work.  Once you get the 10 day notice served, you will need to have a process server serve the forcible detainer summons.  If they can't serve the tenant, then you can ask for a motion to post from the court.  However, you may forfeit any amounts due from the tenant.  When you file the forcible detainer see if the court will allow you to post the summons and and ask for money at the same time.  Not all judges will permit it.

Familiar with this because I have current eviction where the tenant evaded the process server, so at the original court date, I asked for both motion to post and money, and only got the motion to post.  You need to have the motion posted on the door no less than 10 days prior to the next court date.

Thomas S. · Answer

You must learn your state landlord tenant codes prior to starting this business. Take the time to sit down and learn your regulations. You government provides all the state specific information required to operate legally.

Post the notice on his door and get a affidavit of service from your local court. Fill it out and have it notarised. Done.

Marcia Maynard · Answer

Since you suspect that this tenant has been through this before and may be savvy about how to get away with not performing their end of the rental agreement, then you need to take the time to learn more than the tenant does.

Best practice is for landlords to know and understand landlord-tenant law better than the tenants. Look into the laws that cover your jurisdiction (federal, state, county, city). Join your local rental association. Keep abreast of information available to tenants, such as what tenant unions are talking about. A quick search on line will give you some places to start. Here are a couple of articles I just saw.

http://www.nolo.com/legal-encyclopedia/evicting-te...

http://www.nolo.com/legal-encyclopedia/tenants-def...

cannot serve tenant in person - next steps?

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