serving court notice to tenants

Rehabbing, Fix and Flip, Rental Properties
1

Any creative, but legal ideas on how to serve eviction court notice to tenants without personally doing it yourself?

I have a tenant I am evicting from a condo. My lawyer has obtained a court date, but we are having a hard time serving the notice to the tenant. The sheriff failed as they almost always do because they simply knock and and leave if no one is home. I’ve hired a civil process server (ie private investigator) to serve the notice, but these investigators are not always smart or hardworking either. My guy could even figure out to get through the lobby of the condo. There are people walking in and out all the time, so I can only assume he never bothered to wait around long enough for someone else to just open the door. Even if he managed to get to the apartment, he is not legally allowed to open the door to the condo. He has to trick them to open the door or wait there until they come out. Again, a bad investigator won’t be able to do either.

So does any one have any other ideas? I’ve heard that you can have anyone serve the notice for you so long as they call the police to go in with them. Then, even if it is not the owner, that person may enter the property. Is this true? Any one else have a different method?

2
I've heard that you can have anyone serve the notice for you so long as they call the police to go in with them.
You have an attorney, ask him what the procedures are in your state.
3

Most lawyers, including mine, have never bothered to explore the other legal methods of serving court notice beyond using the sheriff and the civil processor. In the words of my lawyer, “we’ll just have to keep trying.”

Well, of course we could keep trying. But there may be some other ways too.

4

Try serving him at his job, wait for him in the mornings before he goes to work, look at his rental application and contact his emergency contacts without having to tell the story try to find out where he could be found.

Jag

5

Years ago, my dad had to do an eviction, process servers tried on numerous occasion, only to ring door bells and find no one home. The guy’s retired for crying out loud.

We live down the street, I was 18 at the time, and told my dad this guy stands on the street corner all day, outside the building, and chances are, he’s standing outside watching the process server ring the bell, and even told the one server that the guy their looking for is on vacation.

I have since heard that in my state, they can tack the notice on the guy’s door provided they can get into the building.

When my dad had the problem, the attorney asked if I was over 18, and I can serve him.

At the time, because I was a known neighbor in the area, I waited for someone to open the front door of the building went upstairs, rang his doorbell, and handed him the notice when he opened the door. When he realized what happened, threw the notice at me, chased me down the stairs. I ran much faster as I was 18, and was in his 60’s at the time.

A funny side note is I went to my high school class reunion last year, and a name tag sounded familiar, but I couldn’t place the guy. He reminded me that my dad was his dad’s landlord, and it was the very same guy that chased me out of the building.

Since it was so many years ago, we had a good laugh.

6

What a small world. :slight_smile: That’s a funny story.

7

Why would he chase you down the stairs? You aren’t the deadbeat tenant, he is.

8

I would never run from a tenant. If he came at me I’d cut him down. I went and served a notice yesterday to a deadbeat tenant of mine that I inherited from the seller. I was ready to fight when I went over to remove him. When I showed up at the door no one entered, so I took my keys out and entered the property. I flew up the stairs and the tenant’s eyes were a pool of water. He fought like hell to hold the tears back, but a couple slipped through his defenses. His wife left him and the kids last month (apparently). He was a distroyed man and it definitely showed. It actually was sad to see a man twice my age cry in front of me.

I went to house hoping for a good fight and ended up feeling sad for him and his three kids. But I still need the rent and he is out. If you need someone out, then they need to leave.

9

I am lucky because in Texas each court has a precinct of constables. They are kind of like a private police force that each judge has. They wear uniforms can give tickets, put you in jail have cars with insignia on them and sirens and they carry guns. Their first and primary job is to serve papers. They will serve your papers for $10. YES you can get a uniformed officer show up at their door with a gun no less for $10.

10

Iron Range,
Its a good sign you stuck to your guns, the average person is weak and would have let the guy slide.

Bluemoon,
I’m moving to TX, that’s service.

11

I was a geeky looking 18 year old, all 98 pounds worth, and though in his 60’s, he was a well built stocky guy ready to beat the cr@p out of me.

I wasn’t going to stand around reminding him he’s a deadbeat. LOL

12

Frank Chin,

That first guy was just practice for you. Next time you’ll be ready for the deadbeat.

13

LOL LOL

Agree with you it was good practice.

At the time, it really annoyed me that my dad thought it was funny that I got chased out with my tails between my legs. The guy showed up in court though.

Nowadays, I wouldn’t run from a tenant, if for no other reason they’re all 20 years younger than me, and I can’t run away like I used to.

Coming to think of it, my first real job in “real estate” was serving this eviction notice for my dad.

14

Speaking of dad teaching you a lesson. I have told this story before, but my father had rental property while I was growing up. One day when I was about 17 years old, He came home and told me to go over to number 6 and collect the rent. He told me it was $125 and gave me a receipt book. I drove over to the apartments and went to number 6 and knocked. When the lady that lived there answered the door I told her I was there for the rent. She invited me in and asked me to sit down. She was a nice looking lady very genetically gifted. She was dressed in lingerie and not much else. She offer me a drink and started to talk about what I liked and stuff like that. She offered things that I would like in lieu of the rent. I looked at my receipt book and thought about how I was going to fill out the receipt without the money and that I would have to replace it out of my own pocket or disappoint my dad. I insisted she pay me with money, gave her the receipt and left. Years later my dad told me she tries that every month, and he just wanted to see if I would come home with the cash or not. I learned from that test that there are always distractions in business. You have to stay focused or it will cost you.

15

It sounds like a lot of bravado to stand and fight a tenant. In fact, I would often like to give a deadbeat tenant or a drug dealer a whooping. However, that is just plain silly (stupid) in reality. Tenants have certain legal rights (as ridiculous as they are). If you get into a fight with a tenant or illegally enter their property, that may adversely affect you in court.

If you win the fight and injure the tenant, they will sue you AND win AND collect!

If they win and injure you, you can sue them AND win, but YOU WILL NOT COLLECT because tenants don’t have anything (and their government check can’t be attached).

I try to remember that I am living the good life. I live in a nice house and have other nice
toys. The tenants are living in a rented house and have very little (except that big screen tv). Doing something stupid to retaliate because you are angry can only damage your good life. The tenants do not live the good life. Doing something stupid because you are angry will only improve their life (after they sue you).

Additionally, if you carry a firearm for protection, most states require you to retreat.

Remember, this is a business. Try not to take it personally. Obviously, this is easier said than done!!!

Mike

16

At 17 I would have probably gotten a part time job to pay my dad back the $125 and had a good time.