Legal Question in Landlord & Tenant Law in Washington
Serving summons to landlord - trespassing?
I am suing a landlord in small claims court for reasons I won't go into here. I have tried to have the court notice served to him by both a profesionall process server and the sherriff's office. In all cases, he refuses to open the door. If I have a friend pose as a potential tenant and have him serve him while he is actively showing him a rental property (a house on land the landlord owns) could that be construed as trespassing or would this be a safe way to have him served? Also, if the landlord refuses to accept the envelope (supposedly containing rental references) can it be dropped at his feet and still considered a valid service? Thank you.
1 Answer from Attorneys
Re: Serving summons to landlord - trespassing?
Small claims court jurisdiction can be acquired by mailing two copies of the summons/petition to the landlord at the address where the contract says you are supposed to pay your rent. Mail one copy certified, return receipt requested and the other first-class.
Create a certificate of mailing for the court reciting what you did to give him notice. File that with the court, mail him a copy (regular mail only).
Personal service by "drop" is perfectly valid, and yes, you can use a slight subterfuge to get him personally served if that's important to you.
Having a friend pose as a prospective tenant is fine.
Sending him flowers for valentine's day or sending a clown with balloons is perfectly okay. Serving legal service of process is not trespass. But you don't have to work this hard! Hope this helps. Powell
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