Does a notice to vacate have to be served by the Sheriffs Department?

Asked over 1 year ago - Red Bluff, CA

My aunt had given her renter a 60 day notice to vacate because we are buying the house from her, but the tenant insists that it isn't valid because it was not served by the Sheriffs Department and will not accept it. She took it, read it, and gave it back saying she refuses to comply because she believes it was not served correctly. Does the 60 day notice still apply or do we have to have it rewritten and served by a Deputy?

Attorney answers (1)

  1. James Carl Eschen III

    Contributor Level 16

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    Lawyer agrees

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    Answered . Your aunt's renter is in for a big surprise. The notice of termination may be served by anyone. After the court enters a judgment for possession, the sheriff serves the actual eviction notice giving five days notice before enforcement of the writ of possession. But that is a ways down the line.

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