Can the tenant be served if they don answer the door?
• No. In order for a service to count, the Process Server must make eye contact with the tenant and indicate to them they have the lawsuit. Therefore, if the tenant does not answer the door, the suit is not served. It is not uncommon for tenants to refuse to answer the door when they know they have been sued for eviction. The court also mails the tenant notice they have been sued, so they are often aware the Process Server is coming. • Problems also arise where the property is surrounded by a wall or only children are left on the property. In that case, after the three attempts, we apply to the court for permission to serve the lawsuit by posting it on the door.
