Can eviction documents be sent to tenant's workplace?

Question

If a tenant is getting evicted and moves out before the court hearing but there are still damages to consider, can you have the eviction/court documents sent to the tenant's workplace if that is the only other known address for that person?

Steven Wiltz · Answer

Rachel says:

"Most times, the court will be the one sending the documents. When you go to file, you will list all known addresses. Good luck!"

Untrue (though this may differ regionally): the court does not send anything. The plaintiff is responsible to serve everything, and if the defendant defaults or loses, it just goes on their record; there is no notification (hey, loser - you lost). Service is service; I've seen process servers camp at work, daycare, residence, friends house etc to find the defendant, and serve 'em when & where they see 'em.

So the short answer is, yes. BUT, you cannot serve them, must be a 3rd party with no benefit from the outcome. Friend, process server, homeless guy with a cardboard sign... but not you, or spouse, or kid, or relative, or business partner (not in *this*business, anyway; buddy Joe in the next cubicle is ok).

Dawn Anastasi · Answer

If you know where they work you can try to get wages garnished for collection.  Typically I always send documents to the tenant's last known residence.  Their workplace is not their residence.

Therese V. · Answer

Thank you.

This is not my tenant, but the person is still in the rental. They did not pay Nov rent and have not paid Dec rent. The eviction was filed Friday after the 10 day (as outlined in the state statute) notice was given (in accordance with the statute).

I should have specified. We think the tenant may just leave without paying the extra amount. This tenant also did not pay the entire security deposit (this landlord is learning from all I've learned on here so far but the tenant was put in place before the landlord would listen to me). Anyways, there is going to be money owed so when they go to court (set at Jan 12) there will likely be an eviction if the tenant has not yet vacated the premises, otherwise there will be a judgment for the amount owed. The court will want the address to send those papers, so that's why we're wondering if it's all right to give the court the tenant's work address to send documents. The landlord will not step on the workplace premises or go up to the tenant so not to cause unnecessary drama.

Kyle J. · Answer

First, you need to be sure that an eviction (Unlawful Detainer action) is still the appropriate remedy. This can vary by state/jurisdiction, but an eviction (Unlawful Detainer) is typically the process by which a landlord seeks to have a tenant removed from a property that they continue to occupy/use/have possession of in violation of the lease.

It sounds like your tenant is already out and you already have possession of the property. So usually you would be filing a small claims case at this point to recover damages, not an eviction case. Unless there is some unusual procedure in your state/jurisdiction.

With that being said, to answer your question about whether or not you can have the court documents "sent" to the tenant's workplace, it depends on what you mean by "sent". If you're referring to having someone go personally serve a tenant at their workplace, then that should be fine because it fulfills the personal service requirement. However, if by "sent", you mean simply mailing it to their workplace, then that probably won't suffice (by itself), but to be sure you'll need to look up what constitutes acceptable "substituted service" in your jurisdiction.

As an example, in my state, if you can't personally serve a tenant at their home (which often times you can't if they've already moved out and haven't left a forwarding address), then there are several options for substituted service. One of which includes "serving an adult who seems to be in charge where the person works" (like a supervisor) AND mailing it to the tenant at the same workplace address. (That is actually how I served the paperwork to my last tenant who moved out leaving money owing for damages.)

The information for your state/jurisdiction should all be available from your local court.

Good luck.

Rachel H. · Answer

Most times, the court will be the one sending the documents. When you go to file, you will list all known addresses. Good luck!

Benjamin Timmins · Answer

Probably not, but Im not a lawyer soo...

Can eviction documents be sent to tenant's workplace?

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