D
Daddy of a 10yo
Guest
What is the name of your state?
Arizona
Because of this:
ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT
A.R.S. Title 33, Chapter 10
and Other Pertinent Statutes
33-1313. Notice
A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person "knows" or "has knowledge" of a fact if he has actual knowledge of it.
B. 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 or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence. 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.
C. "Notice," knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence
...I did this :
On 23 SEP 04 at appx. 1:30 PM I sent my landlord my final rent payment by Certified mail Return Recipt Requested (Cashiers check;I put the cert. mail # on the bottom of the check when I put the check in the envelope and had it photocopied) with a letter in the envelope stating that this was the final rent payment {although the check itself does not have written on it that it is the final rent payment for the month of Oct, the letter states it}. I put the cert. mail # on the bottom of the letter when I signed the letter and had it photocopied, sealed the original leter in the envelope with the check, and photocopied the front and back of the sealed envelope with the cert. letter r.r.r sticker and notice on it. I gave it to the US Postal clerk who processed it and gave me the stub which proves that I actually delivered the envelope to the Post Office clerk. When I looked at the tracking number for this envelope (and also another similar envelope a minute later which was my 30 day written notice of termination of tenancy) on the USPS.com website the message said:
We attempted to deliver your item at 12:12 pm on September 24, 2004 in TUCSON, AZ 85749 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later
The same message for the tracking number for the letter of termination of tenancy.
Days are going by and the clock is ticking.
It looks like the landlord is trying to ignore delivery of these envelopes.
Now it is 28 SEP 04 at 3:30 PM and I wanted to know what to do if the landlord never signs for these letters and tries to say that I failed to pay my rent on time for the month of OCT. The Cert. mail letters will be sent back to me. I am leaving this apartment (my final day here is 31 OCT). The landlord(s){husband and wife} have shown that they are uncooperative before. I am a stellar tennant and they let their daughter live (for free) next to me and she and her kids were nuts. I was not accomodating to them (I just wanted to mind my own business) and this made the landlords very mad. The daughter and kids finally moved to a trailer park. Now it's getting personal. I am on a month to month lease. The lease agreement states that all correspondence has to be in writing. What are my options.
Arizona
Because of this:
ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT
A.R.S. Title 33, Chapter 10
and Other Pertinent Statutes
33-1313. Notice
A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person "knows" or "has knowledge" of a fact if he has actual knowledge of it.
B. 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 or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence. 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.
C. "Notice," knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence
...I did this :
On 23 SEP 04 at appx. 1:30 PM I sent my landlord my final rent payment by Certified mail Return Recipt Requested (Cashiers check;I put the cert. mail # on the bottom of the check when I put the check in the envelope and had it photocopied) with a letter in the envelope stating that this was the final rent payment {although the check itself does not have written on it that it is the final rent payment for the month of Oct, the letter states it}. I put the cert. mail # on the bottom of the letter when I signed the letter and had it photocopied, sealed the original leter in the envelope with the check, and photocopied the front and back of the sealed envelope with the cert. letter r.r.r sticker and notice on it. I gave it to the US Postal clerk who processed it and gave me the stub which proves that I actually delivered the envelope to the Post Office clerk. When I looked at the tracking number for this envelope (and also another similar envelope a minute later which was my 30 day written notice of termination of tenancy) on the USPS.com website the message said:
We attempted to deliver your item at 12:12 pm on September 24, 2004 in TUCSON, AZ 85749 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later
The same message for the tracking number for the letter of termination of tenancy.
Days are going by and the clock is ticking.
It looks like the landlord is trying to ignore delivery of these envelopes.
Now it is 28 SEP 04 at 3:30 PM and I wanted to know what to do if the landlord never signs for these letters and tries to say that I failed to pay my rent on time for the month of OCT. The Cert. mail letters will be sent back to me. I am leaving this apartment (my final day here is 31 OCT). The landlord(s){husband and wife} have shown that they are uncooperative before. I am a stellar tennant and they let their daughter live (for free) next to me and she and her kids were nuts. I was not accomodating to them (I just wanted to mind my own business) and this made the landlords very mad. The daughter and kids finally moved to a trailer park. Now it's getting personal. I am on a month to month lease. The lease agreement states that all correspondence has to be in writing. What are my options.