Ayers v. Landow, 666 A.2d 51 (1995)

Citation: Ayers v. Landow, 666 A.2d 51 (1995)
Parent Document: Ayers v. Landow, 666 A.2d 51 (1995)
Jurisdiction: DC (municipal)
Effective Date: 1995-10-02
Original Source: https://www.courtlistener.com/opinion/2381535/ayers-v-landow/ ↗

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Applying this interpretation of the statute and the Greene doctrine to the facts of the instant ease, I conclude that the landlord’s service was valid. The landlord, through the use of an agent, attempted personal service on four different occasions and, being unsuccessful, posted notice on each of those four different attempts. As the statute requires, the landlord mailed a copy of the notice to the tenant. This effort shows good faith on the part of the landlord to apprise the tenant of the pendency of the action. The landlord *62violated neither any clear meaning, nor the spirit, of the requirement that a mailing occur within three days of posting, giving the tenant sufficient time to cure before the tenant was served a summons. The landlord, in fact, waited in excess of thirty days after the last posting to file his complaint for possession. The mailing of the copy of the notice seven days prior to the posting of the first notice did not harm the tenant in any way and, in fact, may have benefited the tenant by giving him additional time to cure.8

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