Hi All,

Have a semi-unusual situation and wondering if anyone has any advice on how to properly accomplish service on tenants.  The short version of the facts is as follows:

Tenants moved into house.   Thereafter, tenants claim mold has made the house uninhabitable. (I won't get into my opinion of the tenants' mold claim)  In response, landlord pays for tenants to stay in hotel.  Despite landlord doing the right thing, tenants do not pay rent.  I had 3 day notice personally served on tenants by process server at the leased premises, so there's no issues with delivery of 3 day.  I have since filed for eviction.

The question is:  Can I serve the tenants at the hotel?  Can an Eviction Summons be served on the tenants at a location other than the leased premises?  I'm uncomfortable having the process server post the Summons due to the fact that we know the tenants are not currently living at the premises.  But I've never served an eviction anywhere other than at the leased premises and wondering if that is permitted under these circumstances.

Any advice, case law, recommendations would be appreciated.

Cary 
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416 
Phone: (561) 281-2744 

IRS Circular 230 Notice:  Pursuant to recently enacted  U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law.  If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
 
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You can serve them anywhere.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  http://www.evict.com/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Wednesday, February 12, 2014 10:58 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Service of Process question

Hi All,

Have a semi-unusual situation and wondering if anyone has any advice on how
to properly accomplish service on tenants.  The short version of the facts
is as follows:

Tenants moved into house.  Thereafter, tenants claim mold has made the
house uninhabitable. (I won't get into my opinion of the tenants' mold
claim)  In response, landlord pays for tenants to stay in hotel.  Despite
landlord doing the right thing, tenants do not pay rent.  I had 3 day notice
personally served on tenants by process server at the leased premises, so
there's no issues with delivery of 3 day.  I have since filed for eviction.

The question is:  Can I serve the tenants at the hotel?  Can an Eviction
Summons be served on the tenants at a location other than the leased
premises?  I'm uncomfortable having the process server post the Summons due
to the fact that we know the tenants are not currently living at the
premises.  But I've never served an eviction anywhere other than at the
leased premises and wondering if that is permitted under these
circumstances.

Any advice, case law, recommendations would be appreciated.

Cary

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416

Phone: (561) 281-2744

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury
Department Regulations, we are now required to advise you that, unless
otherwise expressly indicated, any federal tax advice expressed above was
neither written nor intended by the sender or this firm to be used and
cannot be used by any taxpayer for the purpose of avoiding penalties that
may be imposed under U.S. tax law. If any person uses or refers to any such
tax advice in promoting, marketing or recommending a partnership or other
entity, investment plan or arrangement to any taxpayer, then the advice
should be considered to have been written to support the promotion or
marketing by a person other than the sender or this firm of that transaction
or matter, and such taxpayer should seek advice based on the taxpayer's
particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for
the use of the individual or entity to which it is addressed and may contain
confidential information belonging to the sender which is protected by the
attorney-client privilege. If you are not the intended recipient, you are
hereby notified that any disclosure, copying, distribution, or the taking of
any action in reliance on the contents of this information is strictly
prohibited. If you have received this transmission in error, please notify
the sender immediately by e-mail and delete the original message. Thank you
for your cooperation.