notice to vacate

[tst]

If a person is given notice to vacate orally, it was tape recorded, then tries to deny being given notice, also recorded, then says that they will not answer the door for registered mail, also recorded. Would said person be considered to have recieved notice to vacate?MN

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tst:
If a person is given notice to vacate orally, it was tape recorded, then tries to deny being given notice, also recorded, then says that they will not answer the door for registered mail, also recorded. Would said person be considered to have recieved notice to vacate?MN<HR></BLOCKQUOTE>

Yes, said person would be considered to have received verbal notice to vacate. The key though is the L/T requirement that states that the landlord must give the tenant written notice to vacate.

 

[tst]

Thank you for this insight. If said tenant were given written notice with others present, could said tenant deny being given this notice?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tst:
Thank you for this insight. If said tenant were given written notice with others present, could said tenant deny being given this notice?<HR></BLOCKQUOTE>

If you give written notice, you must have the tenant sign the notice acknowledging receipt. What I do is carry the original and a copy of the notice, then I personally hand deliver the original notice to the tenant and have him/her/it sign the copy. This evidence has held up in court just the same as the green card receipt from the US Postal Service. I tried attaching the notices to the tenants' front doors with Bowie knives but kept losing my knives.

If you do not get a receipt of delivery, the presence of witnesses will suffice, provided that the witnesses are your witnesses and not hostile. The downside: in the event of a proof court case, the witnesses must go to court with you to testify. If they fail to show up in court, the judge will not allow your testimony on behalf of the witnesses because it will be considered heresay.
Don't be stuck in court singing "can I get a witness".

 

[I AM ALWAYS LIABLE]

"Can I get a witness?"

I swear, Homeguru, you crack me up. That was very, very funny.

"Funny? I make you laugh. I'm a clown? I amuse you? . . . " (a la Joe Pecci -- "Good Fellas")

Keep it up !!

IAAL

P.S. It's spelled "hearsay"

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[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
"Can I get a witness?"

I swear, Homeguru, you crack me up. That was very, very funny.

"Funny? I make you laugh. I'm a clown? I amuse you? . . . " (a la Joe Pecci -- "Good Fellas")

Keep it up !!

IAAL

P.S. It's spelled "hearsay"

<HR></BLOCKQUOTE>

IAAL, that is correct for hearsay. Hey man I was in one of those mental zones where I thought that "you say it here" so the word is heresay rather than "you hear someone else say it" for hearsay. Say I hear someone calling me. Later.
PS: IAAL, keep up da good work or you be wid da fish. Codfather