Rental Property Investor · Hartford. CT · Member since 2018 · 178 posts · 54 votes
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.
Real Estate Broker · Portland, OR · Member since 2019 · 4k+ posts · 2k+ votes
5y
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).
Real Estate Broker · Omaha, NE · Member since 2020 · 329 posts · 203 votes
5y
Does your lease agreement hold the tenants individually responsible for their portion of the rent they owe or are they jointly responsible for the total rent owed to you? If it is the latter, you will be just fine by serving the one tenant remaining as he will become legally responsible for covering their portion of the rent and facing the legal proceedings on their behalf.
Does your lease agreement hold the tenants individually responsible for their portion of the rent they owe or are they jointly responsible for the total rent owed to you? If it is the latter, you will be just fine by serving the one tenant remaining as he will become legally responsible for covering their portion of the rent and facing the legal proceedings on their behalf.
Thanks for the reply. They are on the lease together. So I will just serve the one. Im going to have a process server post it on their door. They like to play games so this should help.
Any other advise with the notices in the covid era ? I'm giving notices on three properties so I can sell them.
Real Estate Broker · Omaha, NE · Member since 2020 · 329 posts · 203 votes
5y
@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?
Real Estate Broker · Portland, OR · Member since 2019 · 4k+ posts · 2k+ votes
5y
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).
@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?
Thanks tanner, I will try to personally serve them.
I'm evicting them because it was my impression houses sell better empty.
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).
Thanks Steve, I will mail with a tracking number as well as have a process server personally serve.
Real Estate Broker · Omaha, NE · Member since 2020 · 329 posts · 203 votes
5y
@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.
@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$$
Tanner thank for concern, properties are in CA. Properties don't sit on the market for more than a few weeks. We are converting the houses to room housing if they do not sell within 60 days.
Thanks Steve, I will mail with a tracking number as well as have a process server personally serve.
Find out what CT requires for proper delivery was my implication.
What does CYA stand for?
Cover your a$$. I don't want to give tenant attys any ammo.
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.
Property Manager · Windsor Locks, CT · Member since 2016 · 1k+ posts · 1k+ votes
5y
@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.
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
5y
@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.