Usually with a 10 day notice, I tape one on the door, mail one copy and keep a file copy. Today I docusigned one instead of maybe taping on door. Does anyone use Docusign to give notices? It should hold up in court shouldn't it? I did not have him sign the copy..just my signature is on it. I think this would be doing something to move into the modern age.

Here in Los Angeles, near to Hollywood, CA, many of my tenants are natural actors. In court they play games like they never were given notice that RENT was late. So I first give a courtesy call via the phone, "Hay tenant did you forget that it's that time of the month"?

My tenant then replies, "I'm 74 years old, I don't have those anymore"! Anything to get out of paying rent or changing the subject! No I say, it's the 4th and tomorrow is the 5th, last day to pay rent without a "Late Charge"! Oh, I forget is the general response.

Tomorrow comes and still now rent. Time to give the tenant an official notice. There are over a dozen ways to propertly serve a tenant they haven't paid their current monthly rent. Here are a few ways I will accomplish this:

Drive to the property and knock on the door. Announce out loud, "He tenant do you know who's come a knocking at your door? A hint, I'm not Santa Claws". If there isn't an answer I'll Post the notice on the door (Wooden door that is behind the metal mesh screen door that I can open because there's still a locked door to enter the unit" I then take color pictures of the notice being posted and text message the photo to my tenants cell phone. They respond by calling me names and I then have cellphone proof they got this notice.

I'm still not finished. I post a second copy on the back door because they will avoid using the front door and also claim they didn't see it.

Ahh Robert, you are a smart dude for sure. They aren't going to get away with saying they didn't see it!!

IN law says:

"IC 32-31-1-9Service of notices

     Sec. 9. (a) Notice required under sections 1 through 7 of this chapter may be served on the tenant.

     (b) If the tenant cannot be found, notice may be served on a person residing at the premises. The person serving the notice must explain the contents of the notice to the person being served.

     (c) If a person described in subsection (b) is not found on the premises, notice may be served by affixing a copy of the notice to a conspicuous part of the premises."

Signing by docuserve and e-mailing means that you made no attempt to "find" the tenant OR a person residing at the premises. IN law says that notice may be served by affixing a copy of the notice to a conspicuous part of the premises, IF A PERSON RESIDING AT THE PREMISES IS NOT FOUND. You cannot truthfully swear that such premise is true.

On the other hand, if the defendant actually shows up in court or otherwise acknowledges the notice, a judge might likely find that he/she was notified.

As much as 99% of the world has gone digital, there are still a few times when the law hasn't caught up yet. I can literally buy a million $ piece of property, but a notice to a tenant of a lease violation must be done via the (slow and often flaky) USPS or posted manually on the door.

*sigh, it is what it is.

Now as others have said, your local judge might say that electronic notice is sufficient.... or not. It will depend on 1) What the law says and 2) How the judge feels about the law (the letter vs. the spirit). If the tenant shows in court, then they were definitely notified, which is the intent (spirit) of the law, but they were not notified according to the letter of the law which may require paper notice posted on the front door, for example.

As Vee said, you really need to ask your local courts. Each state is different in its formal LL/T law, and every judge is going to have his or her own interpretation on what leeway they will grant. To quote my friend Brad20K... "gotta know YOUR judge." In the courtroom, the judge is king, and his job is to interpret the law. So none of us know what your judge will say.

With personal service I scratch my head when someone who is age 12 answers the door.

Is a 12 year old responsible enough to give a notice to a parent or guardian? Probably. But can that be used an excuse? Sure. Then again, do tenants need yet a different way to make an excuse?

I am with you Sid,

The value in a decision about using Docusign or not is this:

If you want to be sure that your eviction will go through,

then follow the law EXACTLY.

Moshe,

I wouldn't use docusign for that.

Electronic documents are accepted, and I prefer email - following a text.

My rental agreement has a clause where all parties agree to keep their email updated & check it every day. Notices are considered received on the day they are sent.

Ray PA WHY is a 12 yr old even home? shouldn't they be in school? Parents answer to that is??? YA they're home schooled!

Almost all would say 12 is too young but then you find out the 12 yr old is baby sitting 5 younger siblings while mom and dad are out!!!!!!!!!!!!

Ray:

"The flaw I see in that thought process - if both parties were following a contract (lease), then there wouldn't be a need for an eviction - EVER -"

I write that, " If you want to be sure that your eviction will go through, then follow the law EXACTLY."

What does that have to do with any contract?

If you want to take a chance that the judge will accept the docusign procedure as a valid service, you may (take that chance). But if you want to make your best effort at pursuing a successful eviction, then following the law EXACTLY is your best shot.

What does would people in California know about evictions - aren't they still illegal?

The illegal taking continues and continues there.

Meanwhile - if someone follows the lease elsewhere - then there isn't a reason to evict.

I thought that the question was: If you don't follow IN law, but you improvise and ask the judge to excuse your lapse in favor of the convenience of electronic notice, effective but not authorized by IN law, then "It should hold up in court shouldn't it?" Thats what Lucy asked. She thinks that this "would be doing something to move into the modern age".

I think that she has two choices: to do something to move into the modern age, or to pursue a successful eviction judgement.

I am all in favor of crusaders, but in their appropriate time and place. In the place of an eviction courtroom today, I suggest that the optimal choice would be to follow the law EXACTLY.

Lucy,

Ask YOUR judge what they will accept.

Side note: MY court considers the Summons to Appear as the 10 day notice period.

I use Docusign every day. SENDING it to their email does not prove delivery and I don’t picture them signing it.

We have been sending by text and print that out from Google Voice. I sent out 3 “3 day notices” tonight.

I seldom ever need a copy because they pay.

Side note: I never say PAY OR QUIT. I just say PAY TO AVOID EVICTION. Once a substitute judge would not allow any rent for a 30 day notice period or ELT because I said QUIT and they did. He said *I* ended the lease.

One of the first times I texted a photo of the summoms to a no -payer he replied ‘See you in court dumba...”. I printed that full page and stapled it to the top of my lost of damages. Judge looked at it for a few seconds and mater of factly said “I see we have service.”

I love when I get a deadbeat tenant that knows the law and tries to explain it through screaming, cussing and hand waving.

I just say I hope you have a better day.

Didn't need the printed text proof from last few evictions. One said she had the money but needed to be behind for the new assistance program. The last one said she didn't know why I cared what people thought of her. I had tried to work it out where she just left instead of me evicting. Well that didn't go over well for her.

Had I needed the copies I would have loved to see what the judge thought of the witty banter.

Brad,

I did assume he would pay, it was a thought- and I sent it via Docusign which I did do, but also we posted one on the door a day later when we were in town. I will have to speak to a judge about it someday.

HA! that's great you got proof of service!

Never saw how posting on the door was proof exactly.

Good advice about "Quit" I will have to change my docs to say

PAY TO AVOID EVICTION