certified mail (by Kit [TX]) Oct 14, 2020 10:25 PM|
certified mail (by Deanna [TX]) Oct 14, 2020 11:18 PM
certified mail (by Robert J [CA]) Oct 14, 2020 11:30 PM
certified mail (by Kit [TX]) Oct 15, 2020 12:25 AM
certified mail (by LITX [TX]) Oct 15, 2020 1:06 AM
certified mail (by Steve [MA]) Oct 15, 2020 5:58 AM
certified mail (by plenty [MO]) Oct 15, 2020 7:29 AM
certified mail (by Lynn [MA]) Oct 15, 2020 7:33 AM
certified mail (by David [MI]) Oct 15, 2020 8:22 AM
certified mail (by Jason [VA]) Oct 15, 2020 9:40 AM
certified mail (by LiTX [TX]) Oct 15, 2020 11:03 AM
certified mail (by Kit [TX]) Oct 15, 2020 11:34 AM
certified mail (by Vee [OH]) Oct 15, 2020 12:43 PM
certified mail (by Mike45 [NV]) Oct 15, 2020 3:25 PM
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certified mail (by Kit [TX]) Posted on: Oct 14, 2020 10:25 PM
I sent my tenant a lease termination notice by certified mail. It was supposed to be delivered today, but instead the tracking website says "Your item is being held at the FORT WORTH, TX 76105 post office at 6:25 pm on October 14, 2020. This is at the request of the customer." I did not request this, so I presume that means my tenant refused to sign for it...does this mean she successfully escaped service?
certified mail (by Deanna [TX]) Posted on: Oct 14, 2020 11:18 PM
I don't know about your current situation, because IANAL, but the Texas Bar Association does have a very nice clause that it would behoove you to start making use of in the next version of your lease.
Do a search for "Texas Bar Association" + "any notice required by this lease will be deemed to be delivered (whether actually received or not)"... etc, etc, etc. Which is the Texas Bar Association's boilerplate for getting around pesky situations where someone says, "Why, no, I'm not going to sign for that little green card..."
certified mail (by Robert J [CA]) Posted on: Oct 14, 2020 11:30 PM
Each time I have to send a tenant a "Certified Letter", I do the smart thing. I send a second copy with a tracking number that I can download online when the "item" was delivered into the tenants mailbox. Good for proof of service.
In a recent lawsuit my tenant claims they were never notified. I showed the judge the following:
a) A Certified Letter, rejected by the tenant and sent back to me saying "attempted delivery, refused by addressee".
b) A copy of the notice sent with a tracking number, receipt for that and my Certified Letter on the same sheet.
c) Tracking print out shown delivered.
d) A nasty voice message from my tenant saying they will destroy the place before they were forced to leave.
The judge then believed I tried to notify the tenant and used reasonable methods... --47.155.xx.xxx
certified mail (by Kit [TX]) Posted on: Oct 15, 2020 12:25 AM
I added certified mail into priority mail, so it had a tracking number, but I expected they would leave it in her mailbox and they didn't. It doesn't say it was refused by addresses either, I'm not sure what the judge will say about that. --172.58.xx.xxx
certified mail (by LITX [TX]) Posted on: Oct 15, 2020 1:06 AM
Could you send her another copy on the door? We always post one on the inside door or slide it in if you can't get access and take a picture of it. Also a copy to their email and text. In your lease do you not have their email or # down as another way to send notice. I thought as long as you have proof that you sent it off certified that you are good. --68.116.xxx.xx
certified mail (by Steve [MA]) Posted on: Oct 15, 2020 5:58 AM
Instead of wasting my time with the uncertainties of when & if a tenant will accept certified mail, I have either a constable or a sheriff serve any notices that I want to be able to prove the tenant got. For me it's worth spending $40.00 - $50.00 vs the $7.00 - $8.00 cost from the USPO for a uniformed gun toting officer to deliver the notice. --71.174.xxx.xx
certified mail (by plenty [MO]) Posted on: Oct 15, 2020 7:29 AM
Copy on bright paper. Dont be skippy on the tape. Tape paper to front door. TAKE A PICTURE OF THIS including the house number or other identifying house features. I take one up close so you can read text and one back aways to include door color, house numbers, porch features. Try again doing all the idea above, it's that important. --99.203.xxx.xxx
certified mail (by Lynn [MA]) Posted on: Oct 15, 2020 7:33 AM
Our housing courts prefer notices to be served by constables because they may think your sending Christmas cards by certified mail instead of a notice. --66.30.xx.xx
certified mail (by David [MI]) Posted on: Oct 15, 2020 8:22 AM
question for LLs in Michigan .... are there any circumstances where we need to send certified mail?
When a tenant's lease is not being renewed, I always send a notice by priority mail (previously with proof of mailing)
certified mail (by Jason [VA]) Posted on: Oct 15, 2020 9:40 AM
Learn your state’s laws regarding “notice”. In Virginia, we just have to send the notice using a “certificate of mailing”, which serves as proof. Sending certified in our state is sufficient as well, and it doesn’t matter if the recipient signs for it or not. We just have to show that it was mailed. --73.177.xxx.xx
certified mail (by LiTX [TX]) Posted on: Oct 15, 2020 11:03 AM
Agreed w Jason, would help if you know your judges. If need to sit in and observe some cases. --68.116.xxx.xx
certified mail (by Kit [TX]) Posted on: Oct 15, 2020 11:34 AM
I find Texas laws somewhat nonsensical. On one hand, they prefer for us to put notice inside the door. However, we are also required to provide single-sided deadbolts, which prevent that. My understanding is we can place notice outside in a specially marked envelope if we have reason to fear for safety. But I'm not sure if being afraid of tenant's boyfriend's probably-lawfully-carrying gun or tenant's friendly bully breed dog is sufficient to warrant reasonable fear of safety. --172.58.xxx.xxx
certified mail (by Vee [OH]) Posted on: Oct 15, 2020 12:43 PM
In my areas around OH the courts figured out 7-8 years ago hardly anyone signs for the certified mail at the destination or coming to the post office during open hours, so the court adopted using fedex photo delivery as proof of service, you may want to send a duplicate this way keeping the tracking information of course. --76.188.xxx.xxx
certified mail (by Mike45 [NV]) Posted on: Oct 15, 2020 3:25 PM
Just one word of warning: Check you local laws. I know that at least one statute specified service "by first-class mail, postage pre-paid" and at least one judge took the position that "certified mail" is not "first-class mail" and thus did not fulfill the statutory requirement.
So I will serve by first-class mail and also send a courtesy copy by Certified mail. I don't care if I get the green post card back, because I have my photocopies of the envelope and I have my receipts, and I have a print-out of the Post Office tracking page showing delivery.
I also like have the Constable do service. The uniformed cop wearing a gun and handcuffs is pretty effective!
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