Landlord Question and Answer Forum

My tenant is in default on her lease for failing to comply with orders and request from the government agency (health department). Our lease stipulates a 5 day notice to cure a default. It also stipulates that notice is considered delivered once it is left at the property. I normally put notices to her under her apartment door since she is not answering or returning telephone calls. Can I serve this 5 day notice the same way or am i to send it certified? She normally leaves her mails in the mailbox for close to a week sometimes before clearing the box. I just want to ensure that everything i do is documented and by the book just incase a Court case evolves.

Hello Karrgitha, yes you can send it certified, but if is like you say (she doesn't pick up her mail daily) it'll be a problem. I was told that you can leave it on her apt door, also take a picture of it, as your prove that it was left on door.

Posted by Steven R, NY on Saturday, March 20, 2010

Steven, thank you for your response. I was thinking of putting it on the door as well. I think i will send it certified and also place a copy of it on the door and take a picture of it on the door. That way if the mail gets returned then i can show that delivery attempts were made by the postal service as well as service by posting it on her door.

Posted by Karrgitha W, PA on Saturday, March 20, 2010

I'm sure you thought if that already, but it's good to have reasurance. Please keep us posted. Good Luck

Posted by Steven R, NY on Saturday, March 20, 2010

It costs money but to be 100% sure is you hire a constable and they hand to them and then the constable gives you a receipt.

Posted by Donald G, MA on Sunday, March 21, 2010

You have a good point too Donald. With this type of service she cannot deny receiving it. I'll contact them in the morning to get this going. Thanks again.

Posted by Karrgitha W, PA on Sunday, March 21, 2010

In CT: The Notice to Quit must be formally served. Service by a state marshal will satisfy this requirement. The fee charged by the state marshal for service is approximately $35.00 to $45.00. After the state marshal serves the Notice to Quit, the original will be returned to you, with the state marshal’s signature, indicating that service was made. This is known as the State Marshal’s Return of Service.

Posted by Denise S, PA on Monday, March 22, 2010

Thanks Denise

Posted by Karrgitha W, PA on Monday, March 22, 2010