If the proof of service attached to a Notice to Vacate is not signed or dated, is it a valid service of the Notice to Vacate?

Asked almost 2 years ago - Martinez, CA

We are in a foreclosure eviction due to our landlord being foreclosed on.
We received a 90 day notice to vacate posted on our door, and the proof of service was not signed or dated. We were home, but the process server did not attempt to reach us personally.We did not receive any mailing of the notice to vacate either.

Attorney answers (1)

  1. Answered . As long as the notice is dated and signed by the landlord, it is valid. You can ask of a signed copy of the proof of service. The proof is primarily for the court.

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.

Property foreclosure

If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow your state's laws.

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