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?

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.

Martinez, CA -

Attorney Answers (1)

Laurence Louis Spitters Jr

Laurence Louis Spitters Jr

Landlord / Tenant Lawyer - San Jose, CA
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.

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