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

Asked almost 2 years 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?

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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.

Related Topics

Notice to vacate property

A notice to vacate is a written notice from a landlord telling a tenant to move by a certain date. Often you'll have 30 days to leave, but state laws vary.

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

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