Landlord refused certified mail

[Who's Liable?]

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 the benefit of your experience. Lighten up some. Hell, it's almost Christmas.

DC

X2...

In my state, it would be stupid NOT to send it certified...

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.

The ONLY address you need to send it to is the address listed on the lease as THAT is the address the LL certifies they can be reached at. Of course if the LL changed their address, it would be THEIR responsibility to inform you and provide PROOF of the change of address. Just like you will be required to show proof to the judge of your attempt to notify the LL.

DO NOT TOSS OR OPEN the letters you sent, give them to the judge as they are proof of your attempt to notify the LL.

 

[rlgiackino]

That makes sense to me. I guess I have some questions about the small claims suit now. The only issue that will be addressed is his failure to respond to us according to the law, correct? Anything he tries to claim about damages, etc. will have to wait for his counter-claim? If his claims are legit, why would he not send us an itemized list and try to avoid us so diligently? I'm reasonable and willing to hear him out, but he has not allowed me or himself the chance to do so. I sent him a letter and called several times before I sent the certified letter, but he never responded. Is there any advantage for him to avoid contact with me? Doesn't really make sense. About 2 weeks ago, I did finally get ahold of the owner of the house after leaving a voicemail that stated I may pursue legal action if need be. He was very threatening and stated he could do whatever he liked and that his lawyers were waiting. His name is not mentioned on the lease.

 

[Cvillecpm]

The object is to PROVE they received the mailing * the USPS delivery confirmation is the way to go * BECAUSE it does not task the recepient to actually SIGN for anything. 90% of certified mail is NOT signed for and it returned to the sender....

There is a tracking # on the USPS delivery confirmation label/chit that is stamped at the post office and if you put THAT # on the written mailing/letter and have it in your file for court - you are good to prove receipt in court....overthinking the problem, gets you further INTO the problem

 

[FlyingRon]

It's not the "certification" that causes it to be returned. A certified letter just indicates proof you mailed it. It's handled NO DIFFERENTLY once it's accepted than any other first class mail. It's the return receipt that you attached to it that caused it to stick at the post office until someone signs for it.

Every jurisdiction has their rules for service. Most on small claims will take regular first class (certification but NOT return receipt gives you the best proof for court).

 

[Zigner]

The object is to PROVE they received the mailing...

Since when is THAT a requirement? (In THIS situation)

 

[rlgiackino]

Just returned from the post office. Two witnesses (postal employees) there said our landlord refused the letter after looking at the return address. Apparently he said something like, "I have nothing to do with that." I asked if they could provide me proof that he himself refused it. They said he is the only one who receives mail at that address so it had to be him. So technically he has not received a demand for the security deposit? Is there further action we need to take or is this enough? He wont respond to us in any form, written or verbal. Is this enough to take him to court? The one certified letter which he refused? He's avoided us for over a month and a half now.

 

[Zigner]

Just returned from the post office. Two witnesses (postal employees) there said our landlord refused the letter after looking at the return address. Apparently he said something like, "I have nothing to do with that." I asked if they could provide me proof that he himself refused it. They said he is the only one who receives mail at that address so it had to be him. So technically he has not received a demand for the security deposit? Is there further action we need to take or is this enough? He wont respond to us in any form, written or verbal. Is this enough to take him to court? The one certified letter which he refused? He's avoided us for over a month and a half now.

KEEP THE LETTER, UNOPENED, MARKED REFUSED.

That is your evidence in court that you DID give proper notice.

 

[Cvillecpm]

....file in Small Claims * the USPS employees are not relevent - you can prove you sent the letter. It would be BETTER if you could prove he received it * no matter * file in Small Claims.

Court can arrange for service of the court warrent - you don't do that.

 

[Zigner]

....file in Small Claims * the USPS employees are not relevent - you can prove you sent the letter. It would be BETTER if you could prove he received it * no matter * file in Small Claims.

Court can arrange for service of the court warrent - you don't do that.

NO - it wouldn't matter either way. Proper notice was given. Period.

 

[FarmerJ]

Property tax information will show where the properties tax statements are mailed to , that information would be considered by the courts as valid info , It is public information , sue and have court docs sent to that address.

 

[rlgiackino]

Should be a simple case right? Landlord did not follow the law. I'm sure he'll try and counter-suit, and keep in mind, this is a very very very small town, so even if he happens to be friends with the justice of the peace, there's really no argument, is there? Think we're gonna file for small claims on Fri. If landlord should by chance send something within the 14 days of refusing the letter, will that hold any ground? Thanks again all for your time and effort.

 

[treese]

Arizona landlord/tenant laws specifies certified or registered mailing and covers the situation of refused certified or registered mailing. If notice is mailed by registered or certified mail, the landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first.


A person "notifies" or "gives" a notice or notification
to another by taking steps reasonably calculated to
inform the other in ordinary course whether or not the
other actually comes to know of it. A person "receives"
a notice or notification when it comes to his attention,
or in the case of the landlord, it is delivered in hand or
mailed by registered or certified mail to the place of
business of the landlord through which the rental
agreement was made or at any place held out by him
as the place for receipt of the communication or
delivered to any individual who is designated as an
agent by section 33-1322. If notice is mailed by
registered or certified mail, the tenant or landlord is
deemed to have received such notice on the date the
notice is actually received by him or five days after the
date the notice is mailed, whichever occurs first.

http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/Residential.pdf