30 day notice

[FL-Tenant]

The landlord couldn’t/shouldn’t put anything in a mailbox. It must go through the mail or be personally delivered or posted on the door. Mailboxes are reserved for USPS mail only.

In our area landlords often put letters (notices, utility bills, etc) in mailboxes. Is that illegal?

 

[PayrollHRGuy]

In our area landlords often put letters (notices, utility bills, etc) in mailboxes. Is that illegal?

Technically yes. But it isn't a crime against the mailbox owner it is a federal crime where the USPS would be the "victim'.

 

[FL-Tenant]

The mailboxes are at the house, not on the street. And the landlord installed them. Does he not own them?!

 

[PayrollHRGuy]

The mailboxes are at the house, not on the street. And the landlord installed them. Does he not own them?!

It doesn't matter.

 

[quincy]

In our area landlords often put letters (notices, utility bills, etc) in mailboxes. Is that illegal?

Yes.

From the USPS: https://faq.usps.com/s/article/Restrictions-for-attaching-flyers-posters-etc-to-a-mailbox

 

[STEPHAN]

Sorry for the hijacking:

I have my official mailbox out on the street.

I have a second close to my entrance door. It is bolted to the wall and not visible from the street. Some tenants use it to securely drop of communication or checks.

Would that be illegal, too?

 

[quincy]

Sorry for the hijacking:

I have my official mailbox out on the street.

I have a second close to my entrance door. It is bolted to the wall and not visible from the street. Some tenants use it to securely drop of communication or checks.

Would that be illegal, too?

Is it an actual mailbox that you and your tenants (and also the USPS) are using by your entrance door or is it a drop box with limited use by your tenants? If it is not used by the USPS, it should not be a problem. Mail slots are not a problem either.

 

[STEPHAN]

USPS does not use it. They use the mailbox on the street.

We have, however no signage on it clarifying it.

 

[quincy]

All I have are links to the USPS to guide you so you might want to call your local post office - or you could replace your door mailbox with a locked dropbox.

https://faq.usps.com/s/article/Requirements-for-City-Delivery-Mail-Receptacles#apartment_mail_receptacles

 

[not2cleverRed]

What is the name of your state? Florida

My lease says:

Should Tenant remain in possession of the demised premises with the consent of Landlord after the natural expiration of this lease, a new month-to-month tenancy shall be created between Landlord and Tenant, which shall be subject to all the terms and conditions hereof but shall be terminated on 30 days' written notice on paper to the end of the month served by either Landlord or Tenant on the other party.

I have been month-to-month since two years after my fixed-term lease expired.

My landlord posted a 30 notice on my door on 5/31 at 11 PM and put a copy in my mailbox at the same time. I did not see it until 11 AM the next day.

The notice was to end my tenancy on 6/30. Was this notice given on time?

Since in Florida only 15 days notice is necessary for month-to-month tenants, per Florida Statute 83.57, your landlord was being generous.

 

[FL-Tenant]

Since in Florida only 15 days notice is necessary for month-to-month tenants, per Florida Statute 83.57, your landlord was being generous.

My lease required 30 days. See above.

 

[quincy]

My lease required 30 days. See above.

If you would like to argue with your landlord that notice was insufficient and that your rent should remain the same as it has been for the one additional month you want to stay there, you always can do that - if you intend to stay for the month of July. Or you can consult with a landlord/tenant lawyer in Florida for an opinion.

But your time in your rental unit is going to end either way, and how it ends can make a difference in your future rental opportunities. You say you have another place lined up. If you already have signed a lease with the new place, great. If not, your current landlord might make finding a new landlord more difficult.

Good luck.

 

[FL-Tenant]

Thanks for all your help. I now know that the notice was on time. I will have to accept the higher rent for July.

 

[quincy]

Thanks for all your help. I now know that the notice was on time. I will have to accept the higher rent for July.

That sounds like your best course of action.

 

[not2cleverRed]

My lease required 30 days. See above.

Here's the thing: he's been more generous than state law requires.
And rather than accept that he wanted to terminate the tenancy, you focused time and energy on contesting it.

What would you have done had he posted the notice an hour earlier, at 10 PM? I doubt you would have done much apartment hunting before the next morning.