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Notice by "certified mail" by Kristina on January 29, 2011 @20:51

My pain in the ass tenant gave me notice to leave by "certified" mail. I got a notice for a certified mail a couple weeks ago but with my busy schedule never picked up the mail. I get a text today saying she's moving out tomorrow and wants to know why we haven't responded. She is required to give 30 days notice and I just found out about this today. Even if we did get the mail it's not 30 days notice. How should I handle this?

disgruntled landlord

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Re: Notice by "certified mail" by OK-LL on January 29, 2011 @21:16 [ Reply ]
Review your lease agreement and see in what manner it says the notice to terminate must be provided. If the lease is silent on this, review your state's LL/T law for the same information. If it allows certified mail, you can only dock her SD or the time remaining on a 30-day notice (if that is the time required by your lease/law). If either mentions merely "mailing" without specifying certified or RRR, then tenant has overcompensated and shot herself in the foot because the logical reason CRR isn't required is that it is not convenient for pickup; in that case, I'd dock her the full 30 days from the day she vacates the unit (your discovery date). She should have sent CRR and regular US Mail (noting both on both mailings), so she could have her proof of mailing and also ensure that you received it with or without the difficulty of going to the PO.
Re: Notice by "certified mail" by MassLL (MA) on January 30, 2011 @10:27 [ Reply ]
It was your responsibility to pick up the certified mail in a timely manner.

If the envelope is post marked less than 30 days, she didn't give you the 30 days notice required. But judges would cut slack on that for a few days.

Also, you are required to mitigate your damages by trying to rent the place. Loosing those "couple weeks" to look for a tenant is on you.

Without more info from you, (what is the postmark date on the envelope? What is the date of the 1st notice you got from the post office?), I'd say you can't do anything about the 30 day notice issue.

Other issue is if your state require you to offer her a pre-inspection in regards to her security deposit. By not picking up the notice, you didn't offer that and keeping any SD is questionable.

Have you and the tenant been having problems? The notices from the PO of certified mail usually indicate where it's from. I'd rush to pick up certified mail that might be from a tenant as delaying picking it up won't help me. You're lucky it wasn't a letter stating that she didn't have any heat or hot water.

Re: Notice by by Shaun (FL) on January 31, 2011 @10:42 [ Reply ]
Whether you picked the letter up or not, your tenant has proof that she sent you notice to vacate. You can quibble over a few days or a week if you want, but it isn't going to change anything. Instead use it to your advantage, to get the T to leave the place super, super clean.

BTW, I seldom go to the PO for certified mail... I sign the back of the 1st notice, stick in the mailbox and the carrier will deliver it in two days. Your signature on the first notice slip is just as legal. Though, I have to admit that when I get certified mail from a tenant I can't always wait two days. Curiosity will get the best of me ;-)

Re: Notice by "certified mail" by Anonymous (florida) on February 2, 2011 @09:12 [ Reply ]
Are you really trying to penalize a tenant because you ignored a notice for certified mail and did not pick it up? People do not send things "certified" unless they are important and they want to make sure the sender receives the correspondence. By being a landlord you are running a business and should treat these kind of notices with some sense of priority. The only issue you have with the tenant is, "did she give enough notice from the date of the certified mail to when she actually moved out?" You WERE notified, you just ignored it!!

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