How to Fill Out and Use a Declaration of Service of Notice (Proof of Service)

Updated 5/31/24

Eviction processes in California involve several legal steps, one of which is serving eviction notices to tenants. Proper service of these notices is crucial to ensure that the eviction proceeds lawfully. Here’s a guide on how to fill out and use a Proof of Service for eviction notices in California.

What is a proof of service of eviction notices in California?

A Proof of Service is a document that verifies an eviction notice was properly delivered to the tenant. It is an essential part of the eviction process, as the court needs proof that the tenant was notified according to legal requirements.

The declaration of service is the court recognized document that says that you served the notice exactly the way you said that you did either by personal service, post and mail or sub service on the day that you said that you did, under penalty of perjury by the court.

When do you need to file a declaration of service of notice?

Whenever you serve your tenants any notice, such as:

• 3 day notice to pay rent or quit
• 3-60 days notice to quit, residential properties
• 3-90 days notice to quit, commercial properties
• Curable breech of covenant
• 24 hr notice to enter
• Any change of terms notice
• Rent increases
• Any and all notices served to the tenants

Here are some things to keep in mind when filling out a declaration of service of notice

• The form must be in writing.
• The form must specify which notice was served to the tenant and when. If multiple notices were served, you need a declaration for each notice.
• The form must specify the names of all tenants.
• The form must state the address of the property in question.
• Ensure that all information stated on this form matches the notices served exactly, otherwise the case can be thrown out.
• You must sign the declaration

How to Fill out a Proof of Service

1. Select the Appropriate Form.
   • Choose the correct Proof of Service form corresponding to the type of notice you are serving (e.g., 3-Day Notice to Pay Rent or Quit, 30-Day Notice to Terminate Tenancy).
2. Complete the Top Section
3. • Fill in the case information at the top of the form, including the court name, case number, and parties involved (landlord and tenant).
4. Identify the Type of Notice
5. • Indicate the type of eviction notice being served. There are various types, such as:
     • 3-Day Notice to Pay Rent or Quit
     • 30-Day or 60-Day Notice to Terminate Tenancy
     • 3-Day Notice to Perform Covenants or Quit
     • 3-Day Notice to Quit for Nuisance
6. Fill in Service Details
   • Provide the date and time the notice was served.
   • Specify the method of service:
     • Personal Service: Handing the notice directly to the tenant.
     • Substituted Service: Leaving the notice with someone of suitable age and discretion at the tenant’s residence or workplace, and mailing a copy.
     • Post and Mail Service: Posting the notice on the tenant’s door and mailing a copy. This method is often used when the tenant is not available for personal service.
7. Describe the Delivery Method
   • For personal service, describe the person who received the notice (name and description).
   • For substituted service, provide details of the person who accepted the notice and the address where it was left.
   • For post and mail service, describe where the notice was posted and confirm that a copy was mailed to the tenant.
8. Server’s Information and Declaration
   • The server must fill in their information, including name, address, and telephone number.
   • The server declares under penalty of perjury that the information provided is true and correct. This section is signed and dated by the server.
9. Attach to Original Notice
   • Once the Proof of Service is completed, attach it to the original notice. Make a copy for your records and one for the court if necessary.

How to use the proof of service

File with the Court

When you file an unlawful detainer (eviction) lawsuit, include the completed Proof of Service with your court documents.

Court Appearance

Bring the Proof of Service to court. The judge will review it to ensure the tenant was properly notified.

Retain for Records:

Keep a copy of the Proof of Service for your records. It serves as evidence that you followed the legal procedures for notifying the tenant.

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