Landlord refused certified mail

[rlgiackino]

Arizona. I sent my landlord a demand for return of security deposit or itemized list via certified mail on Dec. 7. I found out today that he refused it and it will be sent back to me. The letter stated he had 14 days to get back to me (AZ law). I will send a second letter stating that he has 10 days to respond or I will take him to court. Since he refused the first letter, it means he didn't read it. Do I have to wait the 14 days to send the second letter, or can I send it now, seeing as he refused the first? I moved out Oct. 31, so its been over a month since I vacated the property, and I've been weighing my options since. The post office said delivery was attempted Dec. 8, but I have not received the letter yet. I stopped in the post office today and they told me it had been refused. For the second letter, do I wait 14 days from the attempted delivery, from when it was refused, or can I send it now? The second letter is not required though, right?

 

[Zigner]

Arizona. I sent my landlord a demand for return of security deposit or itemized list via certified mail on Dec. 7. I found out today that he refused it and it will be sent back to me. The letter stated he had 14 days to get back to me (AZ law). I will send a second letter stating that he has 10 days to respond or I will take him to court. Since he refused the first letter, it means he didn't read it. Do I have to wait the 14 days to send the second letter, or can I send it now, seeing as he refused the first? I moved out Oct. 31, so its been over a month since I vacated the property, and I've been weighing my options since. The post office said delivery was attempted Dec. 8, but I have not received the letter yet. I stopped in the post office today and they told me it had been refused. For the second letter, do I wait 14 days from the attempted delivery, from when it was refused, or can I send it now? The second letter is not required though, right?

When you send it Certified, Return Receipt Requested, ALSO send a copy via regular mail. Your LL has been served.

ETA: Keep that sealed envelope when it comes back to you so you have it as evidence in court.

 

[Kersplat214]

The post office generally makes three attempts to deliver a certified letter.

If I were in your place, I would send the second letter just as you would if the first letter had been recieved and simply not responded to.

If your state law requires that you send two letters, send two letters. The landlord is the one who is responsible for not accepting them. Save these letters, and try to make sure the post office notes whether there was no one at home when the delivery was attempted, or if there was someone there who refused to accept the letter. This may be easier for you since you seem to be on good terms with the workers at your local post office.

I am not aware of any state that requires you to inform someone of your intent to sue them by mail before you file the suit. The first letter you sent disputing the charges should be suffiencent. You have made the effort required of you. If the landlord chose not to accept the letters you sent him, and you have the proof that he refused delivery, he can't argue that he was ignorant. He was given ample opportunity to educate himself and did not choose to take advantage of it.

 

[FarmerJ]

At this point go file , your former LL will be given the chance by the court to prove she/he followed your states law for deposit disposition.

 

[rlgiackino]

Thanks all. We have tried several times to contact him but he will not answer or return calls. We will take him to small claims court with the local justice of the peace. The only issue that will be contended is that he did not follow the state law concerning the security deposit, correct? He will not be able to bring up issues of damages and what not unless he files a counter-claim, right? I'm pretty sure he will, in which case he will have to prove that the deposit was used for repairs? Just trying to make sure we do this right. Still a little unclear. Since he refused the letter, we don't have to wait 14 days? I'm pretty sure he knows our intentions now, so why would he refuse this? Just got letter back. It says 1st notice 12-8. Handwritten says refused. Printed label dated 12-9 says return to sender; refused; unable to forward. Not sure what the unable to forward means. Thanks again.

 

[divona2000]

...Just got letter back. It says 1st notice 12-8. Handwritten says refused. Printed label dated 12-9 says return to sender; refused; unable to forward. Not sure what the unable to forward means. Thanks again.

It means that the landlord has moved and not left a forwarding address with the USPS. Nor is his mail being held, it is all being returned to sender. If the letter was refused on 12-8, probably someone else was there, refused to sign for it, and advised the carrier that person was no longer there. It could have been the landlord himself, pretending. People skipping out on bills do this all the time.

 

[rlgiackino]

We're pretty sure he didn't move. How can we prove that we sent him this letter? What do we do now? Also found this in our lease concerning security deposit, "Such deposit shall be returned to Tenant, without interest, and less any set off for damages to the Premises upon the termination of this Agreement." Does this mean that accordingly to the lease he doesn't even get the 14 days?

 

[Cvillecpm]

Only STUPID people send items certified mail anymore...you need to send it USPS DELIVERY CONFIRMATION and print delivery information from USPS website to show judge....even if state law requires that something be cent C/RRR; SMART people send a duplicate USPS Delivery Confirmation AND regular mail

 

[rlgiackino]

If he did not provide a forwarding address, is that my responsibility to track him down? I do have his home address as well, but I don't think its a mailing address (rural community). Should I send one to both addresses? The address I sent to is a PO box, which is where we sent our rent and is listed on the rental contract. Its his responsibility to provide the post office with a forwarding address, so do I really have to do anything else?

 

[TinkerBelleLuvr]

If he did not provide a forwarding address, is that my responsibility to track him down? I do have his home address as well, but I don't think its a mailing address (rural community). Should I send one to both addresses? The address I sent to is a PO box, which is where we sent our rent and is listed on the rental contract. Its his responsibility to provide the post office with a forwarding address, so do I really have to do anything else?

Is there anyone living in your old place? If so, find out where THEY are sending the rent money.

 

[rlgiackino]

I'm not sure if anyone is living there now, but is it really my job to hunt him down? I can almost guarantee that he did not change his address, or at least that he has not moved. Will the post office provide me with info on his mailing address, or are they not allowed to tell me? Its a small town and I'm sure the people working there know who he is. He also owns a business that lists his home address, but like I said, I don't think its a mailing address.

 

[TinkerBelleLuvr]

Look up the tax records for where they send the tax bill. Yes, you just might have to do a bit of legwork here.

 

[rlgiackino]

Where would I find the tax records? Gonna go to the post office tomorrow and see what they can tell me. Also gonna send a letter with delivery confirmation to the PO Box and the home address. He's obviously trying to hide. And I know better than to take advice from someone whos been a property manager for 45 years (maybe the devil himself) and calls me STUPID. Gonna file for small claims on Dec 28th (14 business days from the day the letter was refused). Thanks to all those who are actually trying to help.

 

[TinkerBelleLuvr]

if you are in a city, check out city hall. if in the county, check out your county administration building. Many tax records are online also.

 

[TigerD]

Only STUPID people send items certified mail anymore...you need to send it USPS DELIVERY CONFIRMATION and print delivery information from USPS website to show judge....even if state law requires that something be cent C/RRR; SMART people send a duplicate USPS Delivery Confirmation AND regular mail

C'mon cvillecpm, can't we be civil -- there was no call to attack the guy like that. He didn't know and doesn't have the benefit of your experience. Lighten up some. Hell, it's almost Christmas.

DC