Often in eviction actions when a tenant evades service, our eviction attorneys are asked why the tenant cannot be served at their workplace or at another known address. The reason is because the Prejudgment Claim of Right to Possession must also be served to the premises. Pursuant to C.C.P. § 415.46, service of the Prejudgment Claim of Right to Possession will preclude an occupant, whether known or unknown, from objecting to enforcement of the judgment for possession. The Prejudgment claim must be served at the premises to satisfy the manner with which to give an occupant actual notice of the eviction action.
In the case of an evading tenant, (i.e., a tenant that is trying to evade or avoid service), after the fourth attempt at personal service, the landlord’s attorney should promptly apply to the eviction court for an Order To Post or “OTP”. The OTP will allow for the process serve to simply post and mail serve the summons and complaint. The response time is extended to 10 days in an OTP service but service will be deemed completed nevertheless. If you are a landlord and having difficulty serving a tenant, contact our Los Angeles Eviction Attorneys for a free, no obligation consultation.