Home > I Need Help > Self-Help > Housing >

How are legal papers served?

There are only three ways to deliver or "serve" a notice of petition and petition in nonpayment and holdover cases. The notice of termination, notice to quit, notice to cure, and demand for rent usually have to be served in one of these three ways also.

Personal Delivery

One copy of the notice of petition and petition may be given to you personally. If they are given to you personally, no other copies have to be served on you.

Substituted Service

This kind of service takes two separate steps and must result in your being served with three copies of the notice of petition and petition.

  • Step 1 - One copy must be given to a person of "suitable age and discretion" who lives or works at your home, not just someone who happens to be there. (This person does not have to be an adult, but it should not be a small child.)
  • Step 2 - By the next day, excluding weekends and certain holidays, the two other copies must be mailed to you, one copy by regular and one copy by registered or certified mail. Certified mail does not require a return receipt, but you will probably have to sign for it.

Conspicuous Place Service, often called "Nail and Mail Service"

This kind of service also takes two separate steps and also must result in your being served with three copies of the notice of petition and petition.

  • Step 1 - The person serving the notice of petition and petition must come to your apartment at least two times to try to give those papers to you personally or to someone who lives or works at your home. Those two attempts must be at different times of day, usually once during working hours and once during non-working hours. After those two attempts, the person serving the notice of petition and petition can attach one copy to your door or place it under your door.
  • Step 2 - By the next day, excluding weekends and certain holidays, the two other copies must be mailed to you, one copy by regular mail and one copy by registered or certified mail. Certified mail does not require a return receipt, but you will probably have to sign for it.

If you receive a notice from the Post Office that the Post Office has registered or certified mail for you, go pick it up. It is always better to know what papers the landlord has sent you.