Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 2011 · Last verified July 29, 2026
In one sentenceSection 1162 sets three ways to serve the notices required by §§ 1161 and 1161a — personal delivery, or substituted service on someone at the tenant's home or work plus mailing, or posting on the property plus mailing when no one can be found — with a parallel set of methods tailored to commercial tenants.
(a)Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods:
(1)By delivering a copy to the tenant personally.
(2)If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.
(3)If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.
(b)The notices required by Section 1161 may be served upon a commercial tenant by any of the following methods:
(1)By delivering a copy to the tenant personally.
(2)If he or she is absent from the commercial rental property, by leaving a copy with some person of suitable age and discretion at the property, and sending a copy through the mail addressed to the tenant at the address where the property is situated.
(3)If, at the time of attempted service, a person of suitable age or discretion is not found at the rental property through the exercise of reasonable diligence, then by affixing a copy in a conspicuous place on the property, and also sending a copy through the mail addressed to the tenant at the address where the property is situated. Service upon a subtenant may be made in the same manner.
(c)For purposes of subdivision (b), "commercial tenant" means a person or entity that hires any real property in this state that is not a dwelling unit, as defined in subdivision (c) of Section 1940 of the Civil Code, or a mobilehome, as defined in Section 798.3 of the Civil Code.
Plain-English Summary
Proper service of the underlying notice is what makes an unlawful detainer complaint valid, and this section lays out the accepted methods in order of preference. Personal delivery to the tenant always works. If the tenant cannot be found at either their residence or usual place of business, the process server can leave a copy with someone of suitable age and discretion at either location and mail a copy to the tenant's residence. If neither location can be found, or no suitable person is there to receive it, the last resort is posting a copy in a conspicuous place on the property and mailing a copy to the property address — commonly called "nail and mail" service. The same three methods apply to serving a subtenant.
Subdivision (b) adapts these methods for commercial tenants, since a business tenant does not have a "residence" in the same sense a residential tenant does. Personal delivery still works first; if the tenant is absent from the commercial property, substituted service there plus mailing to the property address is next; and posting plus mailing is the fallback when reasonable diligence turns up no suitable person at the property.
Subdivision (c) defines "commercial tenant" for this purpose as anyone hiring real property that is not a dwelling unit under Civil Code § 1940(c) or a mobilehome under Civil Code § 798.3 — drawing the same residential/commercial line that runs through § 1161.1 and other sections in this chapter.
Frequently Asked Questions
What are the three ways to serve a notice under § 1161?
Personal delivery to the tenant, substituted service on a suitable person at the tenant's home or work plus mail, or, as a last resort, posting on the property plus mail when no suitable person can be found.
Is "nail and mail" service always allowed?
Only after the other two methods fail — the residence and business must be unascertainable, or no person of suitable age or discretion can be found there, before posting and mailing becomes proper.
Does a subtenant need to be served the same way?
Yes, subdivision (a) allows service on a subtenant using the same three methods.
How is serving a commercial tenant different?
Subdivision (b) substitutes the commercial rental property itself for the residence-and-business framework, since a business tenant doesn't have a residence in the same sense.
What makes a tenant a "commercial tenant" under this section?
Anyone hiring real property that is not a dwelling unit under Civil Code § 1940(c) and not a mobilehome under Civil Code § 798.3.
Amendment History
Amended by Stats 2010 ch 144 (AB 1263),s 1, eff. 1/1/2011. Amended by Stats 2002 ch 664 (AB 3034),s 49.5, eff. 1/1/2003.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
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