Certified letter mailed to tenant for rent increase...

Rental Property Investor · Southern CA · Member since 2017 · 25 posts · 2 votes

My property is in CA and per CA law, 60 days + 5 days is required if notifying them via mail of a rent increase. Per the USPS today (tracking system online), there was an attempt to deliver the certified letter but no one was there to receive it or sign for it. The letter carrier left a notice for them that an attempt was made. Here is my hypothetical- what if my tenants aren't home again to sign for this letter and they do not pick up the letter after receiving the notice to retrieve the letter at the local post office? Should I notify them electronically as well? TIA for your input!

0 Reply

53 views

Most Popular Reply

Bob Razler

Rental Property Investor · Boca Raton, FL · Member since 2017 · 329 posts · 237 votes

Hello @Vanessa S. :

Check your state law but I think in most States posting a notice to the property is valid.

How are you receiving rent payments? Mail? Drop off? Do you have any in person contact with the tenant?

On a related note, a tenant who is so tough to communicate with may not be someone you want to keep. Maybe you forego the short term increase and just plan on not renewing the lease.

Best of luck!

Bob

1 Reply

See this reply in the discussion

6 Replies

Jump to latestLatest

Sort by

Max T.
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
9y
Can't hurt
0 Reply
Wesley W.
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
9y
Here's a tip I got from an attorney. I always send one notice certified, and one identical mailing via First Class Mail (keep receipts). That way, if the First Class mailing does not come back returned, you have some evidence that it has been successfully delivered. It's not air tight legally, but at least allows you to show the judge you made a good faith effort to notify them properly (your lease should specify the manner). For the cost of a stamp, it's worth the effort.
You can also physically post a notice on the door and take a pic. I do this in addition to the above when I am worried about the timing of the notice. (e.g. a 3-day notice will take 3 days to get to them, and therefore you are actually giving them 6 days)
P.S. I have never, ever had a tenant accept a piece of certified mail. Ever.
0 Reply
Bob Razler
Rental Property Investor · Boca Raton, FL · Member since 2017 · 329 posts · 237 votes
9y
Hello @Vanessa S. :
Check your state law but I think in most States posting a notice to the property is valid.
How are you receiving rent payments? Mail? Drop off? Do you have any in person contact with the tenant?
On a related note, a tenant who is so tough to communicate with may not be someone you want to keep. Maybe you forego the short term increase and just plan on not renewing the lease.
Best of luck!
Bob
1 Reply
Kim Meredith HamptonBusiness Member
Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
9y
@Vanessa S. if there is something that important that involves time issues, I do all of them;
Certified mail
Snail mail
Posting on the door with a time stamped photo
Email with a read receipt
Judge can't deny "notice" wasn't given!!!
[email protected]407-448-6679 Podcast Guest on Show The Key to Scoring Discounted Deals in One of America’s Hottest Markets
Compass | St. Pete514 Reviews
Website View Page
0 Reply
Vanessa S.
OP
Rental Property Investor · Southern CA · Member since 2017 · 25 posts · 2 votes
9y
Thanks to all who replied! Per your suggestions, I emailed the tenants a scanned letter and also mailed a duplicate letter via first class mail. Hypothetical-- What if the tenants are on a long vacation & I do not hear from them? They sometimes travel overseas during the summer. Do I give them a phone call? TIA!
0 Reply
Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
9y
View all advice given in regards to your specific state landlord tenant regulations.
Check with your state regulations. Usually when you follow all the guide lines it is irrelevant whether the tenant receives or acknowledges receiving the notification. For example when required to send notice by registered mail it is assumed to have been received whether the tenant refuses to receive it or not. Adding e-mail notification, regular mail and posting on the door generally covers all your bases and will be viewed as the tenant having received notice.
It is very common for tenant to lie about having received notice , correction extremely common, and adjudicators will normally review all landlord information and conclude the tenant was notified.
Judges are very familiar with tenants tactics.
You will now need to send a pay or quit notice if you do not receive the next rent payment in the new amount and follow that up with a non renew of their M2M lease.
Unfortunately being in nanny state CA you may not have these options.
0 Reply

Join the conversationCreate a free account to reply, vote on answers and follow this thread.