Re: Do I need to give notice when lease is expiring?

Re: Do I need to give notice when lease is expiring? by Garry on January 5, 2019 @14:26

No matter what your lease says, or what any state laws say, it can never hurt you in a court of law, if you "go the extra mile" or "go overboard" in notifying a tenant about something. In your case, send the T a letter, along with a copy of the lease, by both regular and certified mail, by this coming Monday. You can even "highlite" the portion of the lease you want him to see. If the T doesn't move, and you have to go to court, you don't want the judge to throw out your case because you didn't properly notify you T. If possible this weekend, knock on the Ts door, and hand him a copy of your notice. Remember, judges want lots of PHYSICAL proof, not spoken words that a T says you never said.

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Re: Do I need to give notice when lease is expiring? by luchen26@hotmail.com on January 5, 2019 @15:25	[ Reply ]

Thanks for the info. Here are my concerns: If I slip the Notice To Termination of Tenancy under his bedroom door (there are more than one tenant in this house, each one has his own room) he would/could say "I did not see your notice" or if I use registered mail he can refuse to receive/sign if he see the sender is the landlord. I have posted a courtesy notice in our tenants facebook group and if I click my post showing that he has viewed the message, and I will take a picture of the screen showing he has read the message, would that be the valid proof?

Re: Do I need to give notice when lease is expiring? by Garry on January 5, 2019 @16:59	[ Reply ]

Most all states accept the fact that no one HAS to pick up cert mail. You need the green receipt from the Post Office that shows you mailed it to him, even if he never picks it up. If not picked up, the cert mailed letter will eventually be returned to you DO NOT open it. Keep it to hand to a judge showing you actually sent it to him. The judge will open it. You can also get a "proof of mailing" sticker from the PO showing you mailed a regular letter-----it costs $1.40. DO NOT slip a notice under any door. It is NOT proof of anything. Tape it to his front door for ALL your Ts to see. He will rip it down ASAP because he doesn't want the other Ts to know you are giving him notice to move. That will mean he got your notice. If you need to stand outside his door before he gets home from work, or before he even leaves for work in the morning, then DO SO--------ANYTHING that results in a meeting face to face. Hand him the letter. If he won't take, drop the letter in front of him, and WALK AWAY, leaving the letter on the floor. If none of this stuff works, another thing to do, is hire a private process server to serve the notice to him. They know how to get person legally served your notice. You may have to go several different routes, all at the same time, to get enough "proof" for a judge.

Re: Do I need to give notice when lease is expiring? by Jannie1 on January 5, 2019 @15:25	[ Reply ]

I agree with Garry - even if my lease says after the fixed time it goes MTM I still write & tell them that, or begin another MTM contract. In your case I would do Exactly as he stated - There's no "misunderstanding" on the tenants part Put it in writing!

Re: Do I need to give notice when lease is expiring? by luchen26@hotmail.com on January 5, 2019 @15:42	[ Reply ]

Yes I will put a notice ASAP but now what trouble me is how to get good PHYSICAL proof that he has received the notice as I described in previous reply. Boy, it is such a pain to be a new LL :-)

Re: Do I need to give notice when lease is expiring? by luchen26@hotmail.com on January 6, 2019 @03:26	[ Reply ]

I sent a message to tenant informing him "Feb xx 2019 is your tenancy termination date and would like your acknowledge of receipt of my message" via Facebook messaging and the tenant replied with "yes". So do I still need to send another Notice of Term Tenancy via registered mail or post on his bedroom door? I took a picture of the conversation so that I can use in court as proof.

Re: Do I need to give notice when lease is expiring? by Garry on January 6, 2019 @09:03	[ Reply ]

You need to read up on, and follow EXACTLY, what your state laws say about sending notices. Any judge is going to follow the state laws, not what you might think is OK as proof thru Facebook. Besides, what does the single word "yes" mean to a judge? If the T had said something like "yes, I have received your message, and will be out by Feb xx " then the judge would accept a sentence like that as proof. What happens when you get into court, and the judge dismisses your case because the judge didn't accept your "proof"? You will start ALL over again, with a new 30 day notice. By the time you get into court again, it will be summer, because YOU messed up.

Re: Do I need to give notice when lease is expiring?

Re: Do I need to give notice when lease is expiring? by luchen26@hotmail.com on January 6, 2019 @18:21	[ Reply ]

I just found the following clause regarding the California leases: http://housing.org/wp-content/uploads/2017/02/Terminating-a-Tenancy-English.pdf Leases A lease automatically terminates when its term expires. No notice by either party is required, unless the lease itself contains a notice clause(my lease does not contains a notice clause). However, if the tenant �holds over� by staying after the expiration date with the landlord�s permission, but without a new lease, the tenancy automatically converts to month-to-month. The termination rules for month-to-month tenancies will then apply. So for safety I will still do what Garry suggested.

Re: Do I need to give notice when lease is expiring? - Landlord Forum thread 358886