Frank Emmet Real Estate, Inc. v. Monroe

In Frank Emmet Real Estate, Inc. v. Monroe, 562 A.2d 134 (Ct. App. DC, 1989), the Court held that a landlord who was expressly notified of a tenant's exact out of state address and telephone number could not properly provide notice to the tenant by posting a summons for an eviction action on the tenant's leased residence and mailing a copy of the summons to such residence. . However, the Monroe Court stated that service upon the tenant could have been effectuated by mail requiring a signed receipt. Id. at 137. In Monroe, the tenant notified the landlord that he would not reside at the premises but wished to keep the lease on the premises. Id. at 134. The Court in Monroe articulated the Mullane standard that notice has to be reasonably calculated under all the circumstances. Id. at 136. The Court stated that a diligent and conscientious effort has to be made by the process server to locate the defendant and effectuate personal service as a prerequisite to the posting of notice of an eviction action. Id.