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WILL I BE ABLE TO SERV AN EVICTION NOTICE TO SOMEONE IN JAIL

1 Answers. Asked on Sep 09th, 2012 on Landlord and Tenant Law - California
More details to this question:
I WANT PERSON GONE FROM MY HOUSE, HAS BEEN TOLD TO LEAVE AND DOES NOT, NOW IN JAIL FOR APPROX 3 MONTHS. CAN I HAVE HIM SERVED WITH EVICTION NOTICE WHILE HE IS INCARCERATED? HE HAS NEVER PAID ME ANY RENT, BOYFRIEND OF GRANDAUGHTER AND SHE KEEPS SNEAKING HIM IN SO HE IS OFFICIALLY NOT A PAYING TENANT. i do not want him coming back when released from jail
Answers Showing 1 out of 1
David Lawrence Gibbs at The Gibbs Law Firm, APC
Licenced in CA
Answered on Sep 12th, 2012 at 11:53 AM

As his landlord, you should not actually serve him yourself. You should hire a process server to accomplish service, as service of process on someone in jail is a bit tricky but can be done. He can respond to the eventual eviction lawsuit, as the Sheriff will transport him to Court on the trial date to appear and present his case. I would strongly recommend hiring an attorney, because someone sitting in jail has nothing but time, and every incentive to attempt to fight this eviction. A day spent in Court is 100-times better than sitting in jail, so you can expect that he will fight the eviction, and will be there on the day of trial.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California
gibbslaw.com

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Landlord and Tenant Law
Real estate attorneys who are knowledgeable about landlord-tenant laws can assist both property owners (landlords) and renters (tenants) through all aspects of a real estate transaction. Landlord-tenant lawyers can ensure that landlords are in compliance with all housing laws; negotiate, draft and reviewing leases; work to resolve disputes between the property owner and tenant; and handle eviction proceedings. Whether you are a residential or commercial property owner, or are renting an apartment, home, office or warehouse, it pays to consult with a real estate law firm after purchasing investment rental property, before a lease is signed and if you encounter problems during the landlord-tenant relationship.
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