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Notice to Quit letter, Delivery Methods?

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rellim99

Junior Member
What is the name of your state (only U.S. law)? AZ

I have a pair of very delinquent tenants and after failed responses to phone calls, emails and text messages, I'm ready to send them a 5 day notice to Quit.

I understand that I have to deliver it to them in person, or send certified mail (or other??) Issue is that I am not in the area so makes it hard for me to personally deliver, but I have a business colleague who is. Can he/she deliver on my behalf?

I have seen two different "templates", both supposedly for Arizona. One shows only certified mail OR the tenant actually signing for (fat chance!) The other shows a few more lenient options like "I posted the notice in a conspicuous place at said property . ." etc.

If I send by certified mail, I expect the worst and they will ignore and not sign for. If so, isn't there an automatic 'acceptance' if you will after X number of days w/o signed receipt?

What is best approach? I'm prepared to both send certified AND have colleague deliver to doorstep, or wherever makes most sense. Just want to ensure all ducks are in a row as I take each step.

Finally, both templates have a "proof of service" section at the bottom, kind of a receipt. Should i keep that stuff on the original i send to them, simply to show them that I will be keeping track? Or does that come off the original i send? I'd think to leave it on, but ??

And i trust the answer to this question will hold true for delivery of future documents? Eviction, etc.??

Thanks in advance.
 


FarmerJ

Senior Member
Multiple delivery method may be best , example, One copy sent via certified mail , second copy sent via confirmed mail delivery and If allowed to POST it then just make the time to do it your self and attempt to deliver then post it if they arent home and not only have some one with you who can testify in court that you posted it but take pic of it with headline of local newspaper under or above it , This way even if they refuse to pick it up they can explain to the court how it was they did not get the confirmed delivery one ( I used to many times do another method too called certificate of mailing it is very cheap , it gives you a reciept showing to whom you have sent mail and who it was from -you- I would say if you went those four routes it may seem like alot of hassle but in the end if they tried to deny getting notice they are gonna look pretty foolish when the court is shown four attempts to notify them all of different methods) If you want to make sure about doing as i suggest then at least use the links above and speak to a atty to make sure that bit of over kill would be enough to shoot the odds way up that the court would not reject your eviction hearing based on improper notice.
 

Who's Liable?

Senior Member
What is the name of your state (only U.S. law)? AZ
I understand that I have to deliver it to them in person, or send certified mail (or other??) Issue is that I am not in the area so makes it hard for me to personally deliver, but I have a business colleague who is. Can he/she deliver on my behalf?

If I send by certified mail, I expect the worst and they will ignore and not sign for. If so, isn't there an automatic 'acceptance' if you will after X number of days w/o signed receipt?

Thanks in advance.
Under AZ law, Certified is deemed "delivered" and the persons receiving the letter is aware of its contents 5 days after being sent REGARDLESS of signature. If the letter is returned, DO NOT OPEN IT, as it becomes evidence of your attempt to contact them.

You can also go the process server route, I think the average rate is $25-$35. You can do a colleague, but would they be able to attend a court date to answer questions regarding their delivery attempt and qualifications?

You can also
 

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