Proper notice given but denied

[NYCJONES]

What is the name of your state (only U.S. law)? New Jersey

While I know this wasn't handled properly, and the lesson has been learned, I am wanting to inquire about a landlord who is disputing that proper notice was given.

We mailed our notice with the rent check - reason being that if they cash the rent check, they received the notice. The rent check was cashed and we had not heard anything form them. The person managing the property has no hands-on time with the property and uses a journeyman super.

Since we had not heard from the Super, we called him to make sure everything was in order, but he had no knowledge of our move. We then called and left a message with the office confirming the move. This all happened last night. We have moved most of our stuff out of the old place and into the new one so it's not like this was a new decision.

Today, we get a call stating that if we turn the property over to them without 30 day notice we will forfeit our deposit (I understand that logic if we hadn't given our proper notice).

So, I am seeking advice and ideas about how to handle this. The manager hung up on us when we tried to explain that we did give proper notice. So, it seems, that their level of conduct is parallel to how they run the property - unprofessional.

Thanks for any thoughts.

 

[dolebot]

"if they cash the rent check, they received the notice."

You would think so, but good luck proving it.

Certified mail Return Receipt - is a government employee handing the landlord a letter and you getting a confirmation that the delivery occurred. This is the way to handle that.

Today, we get a call stating that if we turn the property over to them without 30 day notice we will forfeit our deposit (I understand that logic if we hadn't given our proper notice).

Really? Is that in your lease, or is that New Jersey law?

You'll need to prove that you did in fact deliver written notice. Did your spouse or anyone else see you do this? Do you have a copy of the letter? Maybe you typed it up on the ole computer and have a copy somewhere.
It's better than nothing at all.

 

[Alaska landlord]

Turning in a notice I back of check is hardly professional nor an acceptable way of turning in your notice. I doubt the managing company saw it or was aware of it. Next time follow standard notice procedure as described in your lease agreement.

 

[applecruncher]

Unless sent CRRR, notes, etc. from tenants often get put aside or 'lost'/discarded esp if they think it might be a complaint. Checks get much more attention.

 

[Slammedtgs]

Turning in a notice I back of check is hardly professional nor an acceptable way of turning in your notice. I doubt the managing company saw it or was aware of it. Next time follow standard notice procedure as described in your lease agreement.

Although you may think that it is hardly professional or an acceptable way to turning in a notice to move, I find it hard to believe that if the check was inside a folded letter that was mailed to the landlord it would be hard to miss. If s/he found the check and cashed it, it would be almost impossible to miss the notice.

However, not knowing the exact details it would have been best to send certified receipt.

 

[ecmst12]

Unless the person who processes the payments is not the same person who handles move-out notices. They may not even be in the same office.

The reason the deposit would be lost is because OP would owe rent for an additional month, since proper notice was not given.

I agree it's slightly shady for the LL to pretend not to see your notice, if in fact the billing office is in the same place as the property manager's office (my last place it was not, rent went to a totally separate PO Box and was processed by a 3rd party billing company), but you didn't send it the "legally acceptable" way. HOWEVER - NJ is one of the most tenant friendly states in the country. I am willing to bet that if you sue for your deposit, you will win. And if you don't, all you've lost is your filing fee for small claims court. I say take the chance.

 

[Alaska landlord]

I never handle checks directly and tenants are provided with repair request forms and rent termination forms at lease initiation.

 

[HuAi]

NJ allows up to 1.5 months rent as security deposit - the most they could hit you for is 1 month if they cannot rerent within that time. You do the math.

 

[applecruncher]

If s/he found the check and cashed it, it would be almost impossible to miss the notice.

Not necessaryly. I get all kinds of junk with a lot of the mail I receive. I usually toss it without reading. I'm not saying your letter was junk, but whether it was folded with the check or not, priority was the check.

Also, You could have called to confirm ltr was received - though that doesn't take place of CRRR ltr.