certified mail doesn't work on sending lease termination notice

7 Replies

I used certified mail to send a 60 days lease termination notice to tenant, the mail should arrive one week ago, but today when I check status online, it still shows in transit, so I called the post office to ask why, and get answer that the certified mail needs signature from the receiver, and when there is no person at home, mailman just leaves a notice at the door and ask them to pick up letter in post office. Obviously my tenant won't go to post office to pick it. Therefore it shows that he didn't receive the notice. This tenant is a trouble maker, I don't want to go to serve notice by myself, is there any other way to send the lease termination notice? Does email, regular mail, or text message work?

Legal notices are generally deemed to have been properly given upon the mailing of the notice, not the date they received it, as they may refuse to receive notices if they know what the matter entails, that prevents them from saying they never got a notice. Don't worry about it, you gave notice. When you get it back, do not open the letter, leave it sealed and let the judge open it!!! :)

Medium logoscopiccroppedblue2Bill Gulley, General Real Estate Academy | https://generalrealestateacademy.com

What does the law require for notice?

I would mail it regular mail and tack a copy to the door. 

They do not have to sign for certified. If you want sent it with proof of delivery via priority mail.

Keep it simple. 

It all depends on how "notice" is defined in your lease.

No, it depends on how the state law defines notice, several options are usually available, registered or certified mail, return receipt requested is probably one of them. So may the posting of the notice, how do you prove that in court...take a friend with you. Hand delivery to any adult in tenancy may be fine, but again, take a friend that can testify you actually did give the notice. R/C Mail is the best way to prove notice was served.....unless you hire a process server. :)

Medium logoscopiccroppedblue2Bill Gulley, General Real Estate Academy | https://generalrealestateacademy.com

Thanks all of you for reply. I am in North Carolina and I don't see the law requirement for the lease termination notice. It is a good idea to go back to check the definition of "Notice" in the lease, maybe I said email or text message is acceptable. If not, I will just resend it with both regular mail and email. I am just afraid that if I have proof that the tenant get served with this notice if use regular mail or email. 

Originally posted by @Bill G.:

No, it depends on how the state law defines notice, several options are usually available, registered or certified mail, return receipt requested is probably one of them. So may the posting of the notice, how do you prove that in court...take a friend with you. Hand delivery to any adult in tenancy may be fine, but again, take a friend that can testify you actually did give the notice. R/C Mail is the best way to prove notice was served.....unless you hire a process server. :)

Thanks Bill, I really like this way, posting the notice on the door and take pictures, and at the same time take a friend with me. Then I will have proof. :-)  I am new to this forum and is amazed by how quickly you guys helped me out. Thanks again.

I would check with a landlord friendly attorney in your state. In my state notice must be sent certified mail but no signature required and it is deemed as received 5 days after the post date. Secondly my attorney recommended that I send a duplicate notice by regular mail. The tenant will usually receive and read the regular mail and refuse the certified mail. The regular mail gets read and the certified piece gets returned and filed for use at court.