In a California unlawful detainer case, service by posting lets a landlord give a tenant notice of the eviction lawsuit by physically attaching the Summons and Complaint to the rental property and mailing a copy by certified mail, but only after a judge signs an order finding that personal and substituted service failed despite reasonable diligence. California Code of Civil Procedure Section 415.45 governs the method, and service is deemed complete on the tenth day after both the posting and the mailing occur.1California Legislative Information. California Code of Civil Procedure 415.45 The statute is set to be repealed on January 1, 2027, so its availability should be confirmed before filing.
What Must Fail Before Posting Is Allowed
Posting is a last resort. The statute requires an affidavit showing that the tenant “cannot with reasonable diligence be served in any manner specified in this article other than publication.”2Justia Law. California Code of Civil Procedure 415.45 Two earlier methods must be tried and documented as unsuccessful.
Personal service means handing the Summons and Complaint directly to the tenant. Service is complete on delivery. If the process server cannot find the tenant after multiple attempts, the next step is substituted service: leaving the papers with a competent adult (at least 18) at the tenant’s home or workplace, telling that person what the documents are, and mailing a copy by first-class mail to the same address.3California Legislative Information. California Code of Civil Procedure CCP 415.20 Only after both methods genuinely fail can a court authorize posting.
Proving Reasonable Diligence to the Court
The statute does not set a required number of attempts, but judges expect the process server’s log to show multiple visits on different days and at different times. Three tries at the same hour on weekday afternoons will not carry the diligence finding. Mixing morning, evening, and weekend attempts shows a real effort to find the tenant at home.
The declaration of diligence should record more than dates and times. Each entry should describe what the server saw and learned: lights on or off, vehicles present, information from a neighbor or property manager about the tenant’s schedule. If a neighbor mentions that the tenant works nights, a daytime attempt should follow. These observations show the court that the server investigated rather than checked a box.
The landlord brings this evidence to the court through an ex parte application, supported by the server’s declaration signed under penalty of perjury. If the judge finds the diligence lacking, the application is denied and the landlord has to attempt service again before trying once more.
Who Can Perform the Service
Any person 18 or older who is not a party to the case can serve the papers.4California Legislative Information. California Code of Civil Procedure 414.10 A landlord cannot post and mail the papers personally. Most landlords retain a registered process server or the county sheriff. Whoever serves the documents signs the proof of service under penalty of perjury, so experience with the requirements matters.
Carrying Out the Posting and Mailing
After the judge signs the order, the server has two steps to complete. The Summons and Complaint are affixed to the property “in a manner most likely to give actual notice” to the tenant, typically by taping them to the front door unless the court’s order specifies another conspicuous location. A copy of the Summons and Complaint is then mailed by certified mail to the tenant’s last known address, which is almost always the rental property.1California Legislative Information. California Code of Civil Procedure 415.45
The statute requires the mailing “forthwith” after the court’s order, meaning promptly and without unnecessary delay. Common practice is to complete both steps on the same day. The statute does not use the words “same day,” but any gap between posting and mailing invites a challenge, so finishing both on the date the order is signed is the safest approach.
Filing the Proof of Service
Once the posting and mailing are done, the server completes and files the Proof of Service of Summons on Judicial Council Form POS-010.5California Courts. Proof of Service of Summons The form records the date of posting, the exact location where the documents were affixed, the date of the certified mailing, and the mailing address. It must also reference the court order authorizing service by posting. Without that reference, the court has no way to confirm the posting was authorized, and the service can be thrown out even if every physical step was correct.
The person who performed the service signs the form under penalty of perjury. Filing it with the clerk starts the clock on the tenant’s response deadline.
When Service Is Complete and the Response Clock
Service by posting is not effective the moment the papers go up. It is deemed complete on the tenth calendar day after both the posting and the mailing have occurred.1California Legislative Information. California Code of Civil Procedure 415.45 The ten-day window accounts for time in the mail.
After service is deemed complete, the tenant has 10 days to file an Answer on Judicial Council Form UD-105 or another responsive pleading.6California Legislative Information. California Code of Civil Procedure 11677California Courts. Answer – Unlawful Detainer Those 10 days exclude Saturdays, Sundays, and California judicial holidays, so the actual calendar time is often two weeks or more. California recognizes more court holidays than the federal government, and each one that falls in the response window pushes the deadline out by a day.8California Legislative Information. California Government Code GOV 6700 Miscounting is one of the most common mistakes in unlawful detainer cases and can delay the whole proceeding.
Military Status Affidavit Before Default Judgment
If the tenant does not respond, the landlord will typically seek a default judgment, and federal law adds a step before the court can enter it. The landlord must file an affidavit stating whether the tenant is on active military duty or that military status could not be determined.9Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments The requirement comes from the Servicemembers Civil Relief Act and applies to every civil default judgment, California evictions included.
If the tenant is an active-duty servicemember, the court cannot enter default until it appoints an attorney to represent the absent tenant. If military status cannot be determined, the court may require the landlord to post a bond to protect the tenant against losses if the judgment is later overturned.9Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments Skipping the affidavit makes the resulting default judgment voidable.
What Happens When Service by Posting Is Defective
Defective service in an unlawful detainer case is not a technicality that gets overlooked. A tenant who later learns of a default judgment entered without proper notice can move to set the default aside under CCP 473.5. The tenant has to show that the lack of actual notice was not caused by their own avoidance of service or inexcusable neglect.10California Legislative Information. California Code of Civil Procedure CCP 473.5
The motion has to be filed within a reasonable time, and no later than two years after the default judgment was entered or 180 days after the tenant received written notice of the entry of default, whichever comes first.10California Legislative Information. California Code of Civil Procedure CCP 473.5 If the court grants the motion, the judgment is set aside and the tenant gets to defend the case from the start. For landlords, that means shortcuts on diligence or mistakes in the posting procedure can unwind months of progress.
The defects that most often invalidate service include posting before the court order was obtained, choosing a location that is not conspicuous, mailing to an address other than the tenant’s last known address, and filing a proof of service that omits the reference to the authorization order. Any one of these is enough on its own.
The Sunset Clause on CCP 415.45
Section 415.45 has a built-in expiration date. The statute is repealed on January 1, 2027, unless the Legislature votes to extend it.1California Legislative Information. California Code of Civil Procedure 415.45 The Legislature has renewed it before, but there is no guarantee it will do so again. Anyone planning an unlawful detainer action near the end of 2026 should confirm the statute is still in effect before relying on it. If the provision lapses without a replacement, landlords who cannot achieve personal or substituted service will need to look to service by publication, which is slower and subject to different rules.