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There are only 3 ways that your landlord can give you an eviction notice, unless your lease says otherwise:
- By mailing the eviction notice to you by certified or registered mail with a return receipt;
- By giving the eviction notice to you personally; or
- By giving the eviction notice to someone 13 years old or older who lives in your home.
Your landlord cannot leave an eviction notice under your door, unless the lease says that's allowed. If they do, you should file a Motion to Dismiss and go to court on the date provided in the Summons. If the judge believes you, the case may be dismissed.
If you never received a notice to terminate tenancy, you should file a Motion to Dismiss and go to court on the date provided in the Summons. In court, tell the judge you never received an eviction notice. The judge may dismiss the case, or set it for a hearing to hear testimony as to why the landlord believes they gave you the notice properly. In Madison County, if the judge denies your Motion to Dismiss, your eviction trial will likely be held on the same day. So you should be prepared for trial just in case.
If you refuse to accept the notice when your landlord tries to give it to you, the landlord can tell you what the notice is and leave it on the ground in front of your door. Also, if no one is living in the unit, your landlord can post the notice on the door of the apartment or house.
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