Being a landlord is a tough job. And to make it harder, not every tenant is a good one. If a tenant regularly breaks their rental agreement by habitually missing rental payments or conducting illegal activity in the leased property, you have a right to evict them. But you cannot just do so without warning. A legally binding eviction must first be preceded by an eviction notice. This notice gives the tenant an opportunity to right the wrong, either by ceasing prohibited activity or by paying their rent. If the state allotted notice time passes and the tenant continues to break the lease agreement, then you can take them to court for eviction.
While it is true that anyone can serve the eviction notice because it is so crucial to the process, a landlord may choose to entrust the task to a professional process server. Afterall, if the notice was not given to the tenant in a timely and clear manner, the tenant’s attorney may claim that their client knew nothing about the actions they needed to take. Here’s how a process server can help.
A professional process server has an in-depth understanding of local and state laws. This gives you as a landlord an advantage since you can be sure that they will make sure to adhere to these laws. A layperson may not be aware of local guidelines and may therefore unknowingly serve the notice insufficiency. Because a process server knows how to abide by local laws, your notice will be sure to stand up in court.
While process serving is a professional service that you must pay for, having your notice served correctly from the start can potentially save you a lot of money in the long run. Just consider if the court finds that your eviction notice was improperly served and they rule in favor of the unfavorable tenant. This means that you will have wasted time and money with time in court and court fees. Plus, since the court ruled in favor of the tenant, they may then decide to sue you for harassment. The fee for hiring a process server is small in comparison to these potential outcomes.
A common argument tenants use is that they never received an eviction notice. When you hire a process server, however, you will receive a notarized Affidavit of Service upon completion. You can use this in court to prove that the notice was in fact given to the tenant and in a timely manner since the Affidavit of Service will also include a date and time.
As you can see, property managers and landlords can greatly benefit from professional service of process. If you need an eviction notice served, contact Roland Investigations today.
By Roland Investigations 10-29-2021