[RPPTL LandTen] Service of Process question

[Cary Sabol]

Hi All,

Have a semi-unusual situation and wondering if anyone has any advice on how to properly accomplish service on tenants.  The short version of the facts is as follows:

Tenants moved into house.   Thereafter, tenants claim mold has made the house uninhabitable. (I won't get into my opinion of the tenants' mold claim)  In response, landlord pays for tenants to stay in hotel.  Despite landlord doing the right thing, tenants do not pay rent.  I had 3 day notice personally served on tenants by process server at the leased premises, so there's no issues with delivery of 3 day.  I have since filed for eviction.

The question is:  Can I serve the tenants at the hotel?  Can an Eviction Summons be served on the tenants at a location other than the leased premises?  I'm uncomfortable having the process server post the Summons due to the fact that we know the tenants are not currently living at the premises.  But I've never served an eviction anywhere other than at the leased premises and wondering if that is permitted under these circumstances.

Any advice, case law, recommendations would be appreciated.

Cary 
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416 
Phone: (561) 281-2744 

________________________________

IRS Circular 230 Notice:   Pursuant to recently enacted  U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law.  If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
 
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20140212/4a58508c/attachment.html>