You served the 3-day notice, the tenant didn’t pay or move, and you filed the unlawful detainer. Now the summons and complaint have to be served, and the tenant won’t open the door. This is one of the most common delays in a California eviction, and it is almost always fixable if service is done in the right order and documented properly.
Tenant avoiding service?
Registered process server for unlawful detainers across the Inland Empire. GPS and photo records on every attempt, starting at $85 within 35 miles of Upland.
Step 1: Try personal service, and keep records
Personal service means handing the papers to the tenant. If the tenant refuses to take them, the server can leave them nearby and tell the tenant what they are. Every attempt should be logged with the date, time, address, and what happened. Those notes become your proof that the tenant was hard to serve.
Step 2: Substituted service
According to the California Courts Self-Help Guide, after at least three tries at different times and on different days, the server can leave the papers with an adult who lives at the home, or with a person apparently in charge at the tenant’s workplace, and then mail a copy to the same address. The server signs a declaration of due diligence describing every attempt.
Service is complete 10 days after the mailing. That waiting period matters when you plan your timeline.
Step 3: Posting and mailing, with a court order
If nobody can be found at the property to accept the papers, the landlord can ask the court for permission to post the summons and complaint at the property and mail a copy by certified mail. In San Bernardino County this request uses local form SB-12950, which asks the landlord to show at least three service attempts with process server declarations, and whether service was tried at the tenant’s workplace during business hours. Once the judge signs the order, the server posts and mails, and service is again complete 10 days after mailing.
How long the tenant has to respond
Since AB 2347 took effect on January 1, 2025, a tenant has 10 court days after service is complete to respond to an unlawful detainer. Weekends and court holidays don’t count. If no response is filed, the landlord can request a default.
Why a registered process server helps
- Attempts that hold up. Varied times, workplace attempts when appropriate, and detailed notes that support substituted service or a posting order.
- Clean paperwork. A completed proof of service and due diligence declaration ready to file.
- GPS and photo documentation of every attempt, which is useful if the tenant later claims they were never served.
Before the lawsuit, the notice itself has its own service rules. See how to serve a 3-day notice in California and eviction by substitute service.
Frequently Asked Questions
Can I serve the unlawful detainer myself as the landlord?
No. In California the person serving court papers must be at least 18 and not a party to the case. Many landlords use a registered process server.
How many attempts are needed before substituted service in an eviction?
The California Courts Self-Help Guide says to try personal delivery at least three times, on different days and at different times, and to record each attempt.
How long does a tenant have to respond to an unlawful detainer in 2026?
10 court days after service is complete, under AB 2347, which took effect January 1, 2025. With substituted service or posting and mailing, service is complete 10 days after the mailing.
How much does it cost to serve an unlawful detainer?
Wet Ink Notary’s standard process service starts at $85 within 35 miles of Upland. Rush and same-day service are available.
Last updated November 2026. This article is general information, not legal advice. Eviction rules vary by city and change often, especially under rent control and just-cause laws. Talk to a landlord-tenant attorney about your specific case. Wet Ink Notary LLC is not a law firm. Brent Hernandez, California Notary Public #2446864 and Registered Process Server #2006 (San Bernardino County).