In the eviction process, the main delay for property management is often caused in serving the tenant personally with the summons and complaint for unlawful detainer. Most occupants are aware of the legal process and they know that they need to be legally served for the court to take the next step in making the judgment for wrongful possession. When they know this legal process, they will usually try to lengthen the time of the eviction by a couple of weeks or more, by avoiding the person who serves the summons and complaints.
If it is not possible to serve the tenant personally then the unlawful detainer can also be served to another person residing in the unit, or to the tenant's employer. Such a person should be 18 years old and of sound mind. If there is no substitute person who can be served the summons, then the court permits the server to affix the unlawful detainer document on the entrance door of the unit, and mail a copy of the same to the tenant by certified mail.
This method of serving the summons is allowed only after the court has issued a signed order permitting this type of serving. The court will usually allow this method only when the process server has made at least three attempts to serve the summons on three consecutive days, at different timings, morning, afternoon, and evening.
When the occupant is not served personally, then he gets 15 days for filing the response documents, instead of the usual five days. Hence, it is important for property manager to make it possible for the process server to serve the document personally, to avoid the delay. Property manager should provide the process server with more information about the occupant/s, so that he is personally able to serve the unlawful detainer successfully and quickly. Here are some ways property management can help the process server, and avoid delays in the eviction process.
Property management can notice when the occupant leaves the premises for work. For instance, if the occupant were working the late shift, then early mornings after he has returned would be an ideal or terrific time for the process server.
Place of Work Address
It is not so easy to avoid the process server at work, compared to home. Many occupants simply do not answer the door when the server knocks. However, they cannot escape the server at the work place. Hence, provide the server with the address/s where the occupant is working.
Parking Space and License Space Number
Property management should provide the process server with the description of the car, the license plate number, and the number of the parking space allotted to the occupant. If the stake out is going to be the only means of serving the notice personally, then the place where the car is parked would be a fantastic spot to wait.
Providing Gate Code or Keys
The property manager should provide the process server with the gate keys or codes, so that he does not have to wait until someone exits or enters the property to reach the occupant's unit.