Landlords states "got confirmation from process server 10 day notice service date was 12/28/2019 and certified mail on 12/30/2019." Yesterday had a "sorry we missed you" tag in mail with the sender a process server. In regards to being served, what constitutes someone being legally notified or served when dealing w/10 day? And was the certified done properly?
Apologies but no mention is made of your thirty day notice to vacate above. A vacate notice like this would only be valid on a month-to-month lease agreement. It would have to be served on or about the time rent was do and this would not exonerate the tenant from having to pay rent for that month or any past due or fees owing.
As for service of process on a ten day, it depends on the type of notice it is. Unfortunately, these questions are fact specific you should seek the aid of a local landlord tenant attorney.
If the notice was served by certified mail it is deemed received when signed for or 5 days after the mailing whicever comes first, whether signed for or not. A.R.S. 33-1313.
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