Proper LL Notice to Tenant (rent increase, termination)

[LandlordVictim]

What is the name of your state?What is the name of your state? AK

I would like to have some dialogue on LL notices to tenants. What should the tenant do when there is improper notice? Ignore it or take action, and if so, what action, and what could be the consequences of the decision of inaction and action?

I'll start with my scenario and would appreciate receiving feedback on that. I invite other folks to bring up other things related to this topic, to generate more dialoge and bring greater understanding to the overall topic of Proper LL Notice to Tenant.

Regarding proper notice for rent increase or termination (i.e., Notice to Quit) of tenancy, would LL mailing a letter without proof of service to tenant’s P.O. Box be proper? Would this hold up in court? My interpretation of my state's law (AK Landlord and Tenant Act) is that notice should be either delivered in person to the tenant, posted on tenant’s rental door, or sent by registered or certified mail to the address of the premises rented by the tenant (not P.O. Box). Notice forms are available to facilitate the process, although I don’t think, or know if they have to be used.

I am trying to decide what to do in the case whereby the LL sent a letter (not certified, registered, no proof of delivery) to my P.O. Box notifying me to move out at the end of my lease which expires in about two weeks. The LL justified this by saying the rent is increasing (22%) and she doesn't think I can afford the increase without taking on a roommate, and she doesn't care to rent to someone (my new roommate) she doesn't know. Aside from that statement, which might be resolved by assuring the LL that they would be able to approve the new roommate, the issue is proper noticing requirements. It appears that the noticing procedure was incorrectly followed, and the timeline probably should have been 30 days from the date rent is due.

I think that the LL is in violation of the AK Landlord and Tenant Act and I might be allowed to remain in the dwelling at the current rental rate until the end of the next rental month. I think I will consult with an attorney and get them to write a letter to the LL. Unless something can be negotiated with the LL, which is unlikely, it looks like I will be moving out.

Note: My rental situation the last two years has been quite an experience. I have had two one year leases in different dwellings with different LLs, and both times they increased the rent (45%, 22%) and refused to pay for maintenance work that would be LL responsibility. LLs Rule and tTenants are victimized. I wish there was a local rent control ordinance and a tenant rights advocacy group.

 

[FarmerJ]

If you do nothing and ignore the letter you should expect your LL to follow your states laws to take you to court for ignoring the notice. At that time your LL will have to prove to a court that proper notice was issued . If a court finds the notice to not be proper notice they will decline the claim from the LL and make the LL start from scratch. You on the other hand can take a simpler approach and send your LL a certified letter with a copy of the notice and copy of your states law explaining that the notice is not proper notice and include a new notice from your self that does meet your states law and send that all to the LL. again if your LL thinks they can prove that the original notice was correct they can still take you to court. In the time being if you do give your own notice with letter explaining that the LLs notice was wrong , the LL could consider just accepting it and then your butt is covered and you wont have to worry about the LL claiming they didnt get proper notice.

 

[ENASNI]

Yes, but Miss Farmer Teds logic has some faults, as the fact that in proving that receiving the notice in the wrong way still says they received it.

The notice in it's time line I believe is wrong unless the lease has a clause in it that says no notice is needed and the LL is being nice. AK law says it can be sent by regular mail... you have not said what you have done wrong yet. miss or mister.. what have you done to your igloo? hee hee..

You sure talk the talk.. but what have you done to deserve the notice... Hmm?

 

[LandlordVictim]

No notice required for fixed-term lease, per attorney

My state is AK.


New developments. I received another notice to move out via priority mail with delivery confirmation, so there is proof of service. Consulted with attorney who says that fixed-term leases (occupancy beginning date to end date) do not require notice from LL. Either move out by occupany end date, negotiate a new lease, or pay rent for next month and hope LL accepts it.

I'm in a real pickle because I have only two weeks to pack, clean, find another place, move, plus take care of other commitments, like job, non-refundable travel to lower 48 for important personal mattter. I am considering writing LL to request an extension and include rental check for next month. May not do any good because history shows LL has not been sympathetic to my needs.