The Only Legal Ways to Serve a Three Day Notice in Torrance: Code of Civil Procedure Section 1162

Published August 10, 2026

Code of Civil Procedure section 1162 allows exactly three ways to serve a three day notice on a Torrance tenant, and they only work in a strict order. Personal delivery first, substituted service second, post and mail last. Skip a step and an unlawful detainer case can fail on service alone.

The short answer

Code of Civil Procedure section 1162 allows only three ways to serve a three day notice on a residential tenant, and they must be tried in order. Personal delivery first. If that fails, leaving a copy with someone of suitable age at the home or workplace plus mailing a copy. If that fails too, posting a copy on the property plus mailing. A Torrance landlord who skips a step risks a defective unlawful detainer.

Last verified: August 10, 2026

Why this section matters more than the notice itself

A three day notice to pay rent or quit, under Code of Civil Procedure section 1161, is the substance of an eviction warning. Section 1162 is the delivery mechanism, and courts treat it as a strict requirement, not a suggestion. If service does not match one of the three methods in the statute, in the order the statute requires, a tenant's attorney has grounds to challenge the entire unlawful detainer case on procedure alone, regardless of whether rent was actually owed.

This is the section that trips up small landlords who serve notice by whatever seems reasonable, taping it to the door, texting a photo of it, emailing it, without first attempting personal delivery.

The three methods, in the order the statute requires

Section 1162, subdivision (a), governs residential tenancies and lays out three methods. They are not three equal options a landlord can pick from. They are a sequence, where a landlord can only move to the next method after the prior one fails.

1. Personal service. The statute's first method is delivering a copy to the tenant personally. This is the default and the one every attempt should start with. If you can hand the notice directly to the tenant, that satisfies the statute and nothing else is needed.

2. Substituted service. This method is available only "if he or she is absent from his or her place of residence, and from his or her usual place of business." When that is true, the landlord may leave a copy with a person of suitable age and discretion at either the residence or the workplace, and must also send a copy through the mail addressed to the tenant at the residence. Both parts, the leaving of a copy and the mailing, are required together. Leaving a copy without mailing it does not satisfy this method.

3. Post and mail. This is the last resort, available only when the residence and place of business cannot be determined, or when no person of suitable age or discretion can be found there. The landlord affixes a copy in a conspicuous place on the property, delivers a copy to a person residing there if anyone can be found, and mails a copy addressed to the tenant at the property. All three actions, posting, attempting delivery to a resident, and mailing, are part of this method together.

The sequence exists because personal service gives the tenant the most direct and certain notice, and each fallback method is only available once the more direct method has genuinely failed, not merely because it was more convenient to skip.

Quick reference

| Method | When available | What is required |

|---|---|---|

| Personal service | Always the first attempt | Deliver a copy directly to the tenant |

| Substituted service | Tenant absent from both residence and usual place of business | Leave a copy with a person of suitable age and discretion at either place, and mail a copy to the tenant's residence |

| Post and mail | Residence and business cannot be ascertained, or no suitable person can be found there | Post a copy conspicuously on the property, deliver to a resident if found, and mail a copy to the property address |

Commercial tenants follow a different rule

Section 1162, subdivision (b), sets a separate standard for commercial tenants. It allows personal delivery, or leaving a copy with a suitable person at the rental property along with mailing, or posting conspicuously with mailing if a person of suitable age or discretion is not found at the property "through the exercise of reasonable diligence." The residential hierarchy above does not automatically transfer to a commercial lease. If you manage both residential and commercial space in Torrance, do not assume one service method covers both.

Where landlords lose the procedural fight

Skipping straight to posting. The most common error. A landlord attempts service once, does not find the tenant home, and immediately posts and mails without attempting substituted service or documenting a genuine attempt at personal service first. The statute requires exhausting personal service, then substituted service, before post and mail becomes available.

Mailing without posting, or posting without mailing. Both the post-and-mail method and the substituted service method have two or three required components. Doing only one of them does not satisfy the statute.

No record of the attempt. Courts expect a landlord or a process server to be able to describe when and how each method was attempted before moving to the next. A landlord who cannot say when they tried personal service, or who was present when a copy was posted, has a weaker record if service is challenged.

A practical process for a small landlord

1. Attempt personal delivery first, and note the date, time, and outcome even if it fails.
2. If the tenant is absent from both home and work, leave a copy with a person of suitable age and discretion at either location, and mail a copy to the tenant's residence the same day. Keep a note of who received the copy and where.
3. Only if the residence or workplace cannot be determined, or no suitable person can be found, move to posting the notice conspicuously on the property, attempting delivery to anyone residing there, and mailing a copy to the property address.
4. Keep a written log or a declaration of service documenting exactly which method was used and why the prior method was unavailable. This record is what an unlawful detainer court will look for if service is contested.
5. If service is at all uncertain, use a registered process server. Their declaration of service is built to satisfy exactly this statute and is harder to challenge than a landlord's own account.

FAQ

Can I serve a three day notice by text message or email?

No. Section 1162 does not list text or email as a method of service for a three day notice under section 1161. Only personal service, substituted service, or post and mail, as defined in the statute, satisfy the requirement.

Do I have to try personal service before I can post the notice?

Yes. The statute makes post and mail available only after residence and business cannot be ascertained, or a suitable person cannot be found there, which in practice means personal service and substituted service must be genuinely attempted and fail first.

What counts as a person of "suitable age and discretion"?

The statute does not define an exact age or set of qualifications. It is generally understood to mean someone old enough and capable enough to understand the notice is important and to pass it along, such as an adult roommate or family member, rather than a young child.

Does mailing the notice by itself satisfy substituted service or post and mail?

No. Both methods require mailing in addition to another action, either leaving a copy with a suitable person, or posting and attempting delivery to a resident. Mailing alone does not satisfy either method on its own.

Is the process different for a commercial tenant in Torrance?

Yes. Section 1162, subdivision (b), sets a separate standard for commercial tenancies that differs from the residential hierarchy described here.

What happens if service does not match the statute?

Defective service is a common basis for a tenant to challenge an unlawful detainer case procedurally. Confirm your specific notice and service method with a licensed attorney before filing.

This is general information, not legal advice. Confirm the current statute at leginfo.legislature.ca.gov and your specific notice and service method with a licensed attorney before proceeding with any eviction action.

Topics: compliance, landlord law, eviction, South Bay

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