How do you prove you sent a "Notice to Vacate?"

Question

So my rental property's lease is coming to an end on 7/31 of this year. I want them out and do not wish to renew. The lease states that I must give 60 days notice to the tenant if I do not wish to auto renew.

My tenant is very open that they do not wish to leave.

So, I sent a certified letter containing a notice to vacate. This was unsuccessful, she never signed off on the letter.

Sure, I'll email it, hand deliver it, whatever but do I need to do anything further to PROVE that I sent this notice? Obviously she won't sign it. Even if I place it in her hand how do I actually prove that I gave it to her. Or do I even need to take it that far?

Tchaka Owen · Answer

@Vincent Plant - several suggestions:

1. send it again with receipt (ie, USPS delivered it without tenant signature)

2. email a copy

3. post on door and take several pictures: 1 up close to show it's the letter, 1 back a bit to show the door (and hopefully house number).

If you're local, do all 3 and it will hold up in court. Good luck!

Nathan Gesner · Answer

It depends on your state. I serve notices through the Sheriff's office. They send a deputy and serve in person. If they are unable to locate or the person refuses to open the door, the Deputy posts it on their door. They always make a copy of it and that copy always stands up in court.

I can also send certified mail but not all my tenants receive mail at their residence.

I can also personally deliver it or post it in a conspicuous place. I almost never deliver it because in-person delivery comes with risk. I prefer to post it to their door and then I take a picture that is date/time stamped and clearly shows it was their door.

Scott P. · Answer

About 10 years ago I was in a situation where I learned from an attorney that if I U.S. mailed the letter and and if the post office did not return it, it was deemed as received. Since then, I've always done U.S. Mail as well as Registered/Return Receipt requested type mail, just in case the tenant refuses to sign for for the more formal mail. YMMV in your State.

Brent Shields · Answer

The times I have been to court because the tenant disputed a notice, the judge wanted to see:

1. the tenants signature - if your lucky enough to get it.

2. a service processor who signed a form saying they had served the person - each state has its own rules regarding the eviction process but in most states any person over the age of 18, who is not related to you is capable of serving a notice.

3. or lastly some mailing process where you mail, post, and or publish the notice.

Then it also depends a lot on the particular judge you get, because I have had judges who were very reasonable who told me it looks like you put enough effort into it so your good.

I also had a case where I pulled out my receipt from the postal service the tenant had signed and showed it to the judge, the tenant pulled out the letter they had signed for and said they did not open it there for they had not been notified because they had not read it. The judge agreed with the tenant and threw the case out so I had to start all over again.

So even when you do what you are suppose to do, it does not work 100% of the time.

How do you prove you sent a "Notice to Vacate?"

How do you prove you sent a "Notice to Vacate?"

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