How do i serve a notice when half the people moved out?

Question

3 people signed a lease.  2 of the 3 people moved out.   1 person is left at the house who lives there.  I am using a process server to serve the 60 day notice, who do I serve?

The tenant may have told me in writing that the other people moved out, but I do not believe they did.

Joe Splitrock · Answer

@Philip Johnson when you serve notice, address it to all named and unknown occupants. List all the people from the least, plug "unknown occupants". The reason for adding unknow occupants is in case some random person you don't know shows up at the property. Covering unknown occupants allows you to have them forcibly removed too. If you don't do that, you may have to start the eviction process all over. There are cases where the lease tenant moves out and one of their friends moves in or even a case where a squatter moves in.

As you already learned, have a process server post the notice. That way you have a third part affidavit of delivery, so it is not your word against the tenants. A third party has more credibility.

Filipe Pereira · Answer

@Philip Johnson Property manager in Connecticut here, my experience is that you serve everyone that you put on the lease, plus "John and Jane Doe", just to cover your you know what, especially if the lease states everyone is liable to meet the full responsibilities of the lease. I recommend giving Atty Ben Shehu with Shehu law firm a call if this is in Hartford county.

Theresa Harris · Answer

I agree with the others.  Everyone who is on the lease and add all other occupants in case one has a guest or sublet without your knowledge.

Steve Morris · Answer

Serve whoever is on the lease to CYA.  Some tenant attorney may go after you for improper service.  Anyone on the lease is joint/severable liable for ALL of the rent.

Make sure your means of delivery meets the mins also (eg in Portland it must be First Class Mail, posting on the door only doesn't count).

Rob Bowling · Answer

On all my notices my attorney advised me many years ago to put the person's name, and then add " And any other occupants" of such and such address.

Steve Morris · Answer

Thanks Steve, I will mail with a tracking number as well as have a process server personally serve.

Find out what CT requires for proper delivery was my implication.

What does CYA stand for?

Cover your a$$.  I don't want to give tenant attys any ammo.

Tanner Sherman · Answer

@Philip Johnson well first, I would have the process server personally serve them. I’ve dealt this that battle before and the judge said that unless the processor physically gave it to them he can’t say without a doubt they got it.

Second, why are you evicting your tenants to sell the place? Are you against selling a place for new owners to inherit tenants?

Philip Johnson · Answer

Haha thanks steve, checked with a process server.  Houses are in CA.  Looks like Tulare County requires a door posting and a US mail.  The process server knew that, glad I called them.

Philip Johnson · Answer

Tanner thank for concern, properties are in CA. Properties don't sit on the market for more than a few weeks. We are converting the houses to room housing if they do not sell within 60 days.

Tanner Sherman · Answer

@Philip Johnson not always the case. Sometimes it doesn’t make a difference whether it is vacant or not. But ultimately are you able to carry the holding costs of vacant houses in the chance it doesn’t sell right away? You could always keep the tenants and let the buyer decide whether they are going to keep the tenants or evict them. They could also request that you evict them prior to closing.

CYA means cover your a$$

How do i serve a notice when half the people moved out?

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