Warning of violation of lease not sent registered or certified mail -will it hold up?

[ryanpsu77]

What is the name of your state? PA

I own a trailer in a mobile home park where I pay lot rent. I received this warning in my mailbox. I continued to sublet my place for three more football weekends that month because the small group of people had already paid months in advance to reserve my trailer and I did not have the $3100 to pay them back. The owners of the lot filed for eviction proceedings but the original warning was never sent registered or certified mail so there is no proof that I even was notified of the violation of the mobile home park rules before an eviction was immediately filed. Will the judge dismiss this because of the lack of proof the owners have that they warned me.

Here is the original warning letter:


"It has come to my attention that you are renting your home out to people during home football games (weekends). This is a violation of your lease. You are not allowed to sublet your home for any length of time. Please do not rent your home to anyone at anytime.
If I find that you are continuing to rent your home then your lease will be canceled and you will be required to remove your home from the park."

I didn't sign for the letter (can it be sent certified or registered mailed without signing)

 

[BL]

If the Certified letter was returned to them unopened , they can take it to court with them to show they indeed sent it . It could be looked at as if you did receive it , and were avoiding it.

 

[ryanpsu77]

I meant that I received a letter that came uncertified. I never was required to sign, it was just sent normally to my mailbox. It was a warning of the violation but I disposed of the letter knowing that I couldn't really do anything about the violation. Will they have any real proof that I received it even if they made a copy of the letter they sent to me without my signature, etc through certified/registered mail?

 

[ryanpsu77]

meaning that they never sent anything certified and filed for eviction thinking that they warning was received and they would just take their own copy as proof to court.

 

[Zigner]

I meant that I received a letter that came uncertified. I never was required to sign, it was just sent normally to my mailbox. It was a warning of the violation but I disposed of the letter knowing that I couldn't really do anything about the violation. Will they have any real proof that I received it even if they made a copy of the letter they sent to me without my signature, etc through certified/registered mail?

Yes - your testimony. I mean, you wouldn't commit perjury (a felony), would you?

All they have to prove is that they mailed it.

 

[moburkes]

meaning that they never sent anything certified and filed for eviction thinking that they warning was received and they would just take their own copy as proof to court.

They would need to show proof of mailing. So, a piece of paper wouldn't be proof. A form from the post office showing how it was sent, or mail returned from the post office as undeliverable, would be proof.

 

[BL]

meaning that they never sent anything certified and filed for eviction thinking that they warning was received and they would just take their own copy as proof to court.

I have never known a warning letter to have to be sent certified .

 

[Zigner]

They would need to show proof of mailing. So, a piece of paper wouldn't be proof. A form from the post office showing how it was sent, or mail returned from the post office as undeliverable, would be proof.

No, they would need to testify that they mailed it in accordance with their "normal" mailing practices. At that point, it's up to the judge to decide whether their testimony is credible.

 

[moburkes]

I have never known a warning letter to have to be sent certified .

It is required by the Mobile Home Park Rights Act in PA.

http://www.pmha.org/members/documents/Act261MobileHomeParkRightsAct.pdf

He has to send 2 violation notices by certified or registered mail.

 

[Zigner]

It is required by the Mobile Home Park Rights Act in PA.

http://www.pmha.org/members/documents/Act261MobileHomeParkRightsAct.pdf

He has to send 2 violation notices by certified or registered mail.

I stand corrected

 

[OHlandlord]

Ryan,
Why are you nitpicking at the way you recieve the violation notice? You got it.

I received this warning in my mailbox.

Your notice said:

It has come to my attention that you are renting your home out to people during home football games (weekends). This is a violation of your lease. You are not allowed to sublet your home for any length of time. Please do not rent your home to anyone at anytime. If I find that you are continuing to rent your home then your lease will be canceled and you will be required to remove your home from the park

And yet,

I continued to sublet my place for three more football weekends that month.

You are obviously in violation and admit such on a national public website. Quit violating your lease!

 

[Zigner]

Ryan,
Why are you nitpicking at the way you recieve the violation notice? You got it.


Your notice said:


And yet,


You are obviously in violation and admit such on a national public website. Quit violating your lease!

Yes, but he needs two notices and they have to be mailed Registered or Certified. Our OP has the law on his side (for now)