Understanding Eviction by Substitute Service in California
If you’re a landlord in California who has struggled to serve eviction papers to a tenant, you’re not alone. Sometimes tenants avoid being served directly, making it nearly impossible to move forward with the eviction process. Fortunately, California law provides an alternative method called “substitute service” that can help you navigate this challenging situation.
What Is Substitute Service?
Substitute service is a legal method of serving court documents when personal service (handing the papers directly to the person) cannot be accomplished after reasonable attempts. In the context of evictions and other legal proceedings in California, substitute service allows you to serve the documents to another person at the defendant’s residence or place of business, or even by posting and mailing in certain circumstances.
This process is governed by California Code of Civil Procedure Section 415.20, which outlines the specific requirements for valid substitute service.
When Can You Use Substitute Service for Evictions?
You can use substitute service when you’ve made several unsuccessful attempts to personally serve the tenant. California law requires that you make reasonable efforts to serve the person directly before resorting to substitute service. This typically means:
- Making multiple attempts at different times of day
- Trying both the person’s home and place of work
- Documenting each attempt thoroughly
Once you’ve exhausted reasonable efforts at personal service, you may proceed with substitute service.
How Does Substitute Service Work?
There are two primary methods of substitute service in California:
1. Service on Another Person
You can leave the documents with a competent adult at the defendant’s residence or place of business. The person receiving the documents must be:
- At least 18 years old
- Informed of the general nature of the documents
- Present at the dwelling or usual place of business
After leaving the documents with this person, you must also mail a copy of the documents to the defendant at the address where the papers were left. This must be done by first-class mail.
2. Posting and Mailing
If you cannot find a competent adult to accept the documents, you may use the “posting and mailing” method. This involves:
- Posting the documents in a conspicuous place at the defendant’s residence
- Mailing a copy to the defendant at that address
- Filing a declaration with the court describing your attempts at service
This method is typically used as a last resort when other methods have failed.
Important Requirements for Valid Substitute Service
To ensure your substitute service is legally valid, keep these requirements in mind:
- Due diligence: You must demonstrate reasonable attempts at personal service first
- Proper documentation: Keep detailed records of all service attempts, including dates, times, and locations
- Follow mailing requirements: The mailing component is mandatory and must be completed promptly
- Proof of service: File a proper proof of service with the court, including all required information
Why Professional Process Servers Matter
Given the technical requirements and potential pitfalls of substitute service, many landlords choose to work with professional process servers who understand California’s complex service requirements. An experienced process server can:
- Document service attempts thoroughly
- Ensure compliance with all legal requirements
- Complete the process efficiently and correctly the first time
- Provide valid proof of service for court proceedings
Trusted Process Serving in Southern California
For landlords and property managers in San Bernardino, Riverside, Orange, and Los Angeles counties, Wet Ink Notary LLC has become a popular choice for process