Does a photograph of tenant letter taped to door hold legal ground?

5 Replies

If I tape a letter to a tenants door (for 30 day notice, or other important communication like "please do not store anything in basement during summer season") and photographing it on the door just far enough to be able to identify the house, does that hold legal ground?

You have two different matters there, one is a request that has no real legal aspect, unless you have terms in a lease to comply with future requests, the other is a notice required by law.

Your storage matter could be shown to the tenant if necessary.

Eviction notices are different. It's legal and common here to post to the front door. Rarely does a tenant show up in court and claim notice was not given, but they can. Your pic with date/time stamp may be shown to the judge, probably would be accepted but the tenant might have objections. If it were a murder trial there might be issues, in a civil eviction, I'd say the judge would accept it. All RE matters are local.

Better to have a witness who can testify to the posting.

Legal notice can be given by registered or certified mail, return receipt requested, as well, keep the mailing receipt as proof of mailing.

Physically delivery is also usually acceptable, here, it may be delivered to anyone 18 years or older who resides in the unit.. :)

The question is does the language of the letter have any legal grounds.

You really need to check your state laws (google "states name" tenant act). In AZ you need to either personally deliver a notice to an adult living at the residence or mail via certified mail (ie taping to the door doesn't count). For what it is worth, we still tape the notice to the door if they are not home / not answereing when we knock but we will immediately send via certified. Also check the rules on when your clock starts on the certified letter. In AZ I believe it is 'assumed deliveried' after 5 days; though practically it's of these bounce back to me (hence the reason to post on door, call/email).

Just a note:

In your lease you should address notices required. The agreement can usually be made that ;

notices required shall be deemed to have been properly given upon the mailing of same by certified or registered mail, return receipt requested to the party requiring notice.

See your attorney :)

Legal notices are jurisdiction specific. Some are given as the first step of eviction for non-compliance of rental terms. Others are given to make a change in your rental terms. For serving legal notices, you need to find out what is common and required for your locale. State landlord-tenant law is a good place to start. If your county or city has additional requirements follow those as well. Also, find a landlord mentor in your locale and ask them what works for them.

"Please do not store anything in basement during summer season" sounds like a simple request. If you don't have this requirement in your property rules, and want to add it as a change in terms - you will need to go one direction. If you already have it in your property rules, and want to enforce it - you will go another direction. If you are just asking them to do this, but not requiring it, ask any way you wish.

I try to be friendly, fair and firm in all my communications with tenants and vendors. A kind approach goes along way. When giving a tenant a rule to follow, give them some context about the importance of it.