This form is used by a property manager or landlord when serving a tenant a notice to pay, perform, vacate or quit or a notice of change in rental terms, to document the date and time the notice was served and the manner of service for use in any eviction proceeding.
Documenting service of a notice
The individual who serves a notice to pay, perform, vacate or quit or a notice of change in rental terms completes a form to confirm they properly served the notice and the manner of service completed. This form is called a proof of service. [See RPI Form 580]
The Proof of Service – For Service of Notice to Real Estate Tenants published by RPI is used by a property manager or landlord when serving a tenant a notice to pay, perform, vacate or quit or a notice of change in rental terms, to document the date and time the notice was served and the manner of service for use in any judicial proceeding. [See RPI Form 580]
When a UD action is filed to evict a holdover tenant, a completed proof of service will be produced at trial, as evidence the three-day notice was served.
When the three-day notice is personally served on the tenant, the individual serving the notice verifies in the proof of service that they made the personal service on the tenant at the address stated. [See RPI Form 580 §5.1]
When notice is served via substituted service, the proof of service verifies:
- the attempts to personally serve the tenant at both their home and business addresses were unsuccessful;
- the notice was handed to a person of suitable age and discretion at the tenant’s residence or business address; and
- the three-day notice was mailed to the tenant at their residence. [See RPI Form 580 §5.2]
When the notice is served by posting on the premises, the proof of service verifies:
- no person of suitable age or discretion was available at the tenant’s residence and business addresses, or the addresses are unknown; and
- the three-day notice was mailed to the tenant at the address of the leased premises. [See RPI Form 580 §5.3]
Form updated 11-2016 to include the Form Description at the top, white header/footer convention and RPI branding.
Form navigation page published 11-2016.
Article: The Three-Day Notice to Pay Rent or Quit: a landlord’s remedy for a material breach
Article: Serving notices to vacate – proof of service compulsory for unlawful detainer (UD) action
Landlords, Tenants and Property Management Chapter 20: Delinquent rent and the three-day notice
Landlords, Tenants and Property Management Chapter 22: Other amounts due under three-day notices
