Is 1st class mail considered being legally served?

Hello t3~

No. If you want to send the paperwork through the mail, you must send
the it certified, return receipt requested, because this will provide
proof that it was delivered, on a particular date.

To read about this topic, check out "How To Serve Someone:"
http://www.law.siu.edu/selfhelp/info/serve/servep.pdf  and "Self
Service Center:" http://www.superiorcourt.maricopa.gov/ssc/forms/pdf/pb24p.pdf

Regards,
Kriswrite


"How to serve papers"
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&c2coff=1&q=%22How+to+serve+papers%22&btnG=Search

"How to" legal help serve papers
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&c2coff=1&q=%22How+to%22+legal+help+serve+papers

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Request for Answer Clarification by t3-ga on 30 Jun 2004 12:52 PDT

This is for a notice of rent increase. Is first class mail ok for this.

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Clarification of Answer by kriswrite-ga on 30 Jun 2004 13:48 PDT

What state are you in t3?

Kriswrite

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Clarification of Answer by kriswrite-ga on 30 Jun 2004 13:51 PDT

Or, if you are not in the same state as the renter...What state is the
rental property in?

Thanks,
Kriswrite

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Request for Answer Clarification by t3-ga on 30 Jun 2004 16:46 PDT

The rental property and myself are in California.

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Clarification of Answer by kriswrite-ga on 30 Jun 2004 17:02 PDT

Hello again t3~

In this case, the answer is YES, you may send notice via first class mail.

According to the California Consumer Affairs Department website: 

"Your landlord may serve the required written notice of rent increase
using one of the following methods.

Handing the notice to the tenant, OR

If the tenant is absent from his or her home and work, by (1) leaving
a copy of the notice with "a person of suitable age and discretion"3
at the tenant's home or work, and (2) mailing a copy to tenant's home,
OR

If the landlord can't find out where the tenant's home or work is, or
"a person of suitable age and discretion" cannot be found there, (1)
attaching a copy of the notice in a conspicuous place on the rental
property, (2) leaving a copy with any person living there, AND (3)
mailing a copy to the tenant at the rental property address.

If your landlord does not use one of these ways, the notice may not be valid."

("How Often Can A Landlord Raise Rent?"
http://www.marinlaw.net/tenancy/rentraises.html )



The Law Office of Gary Link adds, the "notice of rent increase...may
now be served by first class mailing rather than in the previously
limited way of either personal service, substituted service or by
posting and mailing. If a mailing is the method chosen for notifying
the tenant of the intent to increase rent, the landlord must add an
additional five days to the sixty days before the rent increase will
go into effect." ("FAQ," http://www.teamlink.com/faqpage5.html )

Kind regards,
Kriswrite

Dear t3,

kriswrite provides an accurate summary. However, if you have a
specific situation in mind, you may wish to describe the document at
issue and the jurisdiction (e.g., state or province) where it was
served, to see if an exception applies.

Also, please note that where somebody proves difficult to serve (e.g.,
hiding from a process server and refusing to sign for certified
letters), sometimes a judge will authorize "substituted service" which
may include service by first class mail.

Myself and the rental property are in California. Thank you.