What is the name of your state? VA
I have served my tenant the 5 day notice to pay or quit, and in an effort to have her signature I sent it certified mail. I waited until the 5 days were up and filed for eviction. I never got the signature paper back and, should have figured, she never picked it up from the post office! I went ahead and put a copy of the notice on her kitchen with the proof of certified mailing and date it was sent. I did this after I filed the Unlawful detainer, she is already in the second month without paying her rent and wants to stay until the end of July. I need to get in to make repairs, the house needs to be re-piped and she wouldn't let plumbers in.
Now she owes 2 months back rent and is asking for an installment payment of dues. She will get the eviction notice pretty soon. Will the judge dismiss the case just because she didn't receive the notice before filing eviction? she got the copy on July 11, do the 5 days run since that day? what do you advice?