Submitted by Hopefull on Mon, 06/22/2009 - 20:09
My tenants refused to sign any notices delivered to them. So, I sent a certified mail. They were very upset that I took that approach. I explained that I have to cover myself by making sure that I have something as proof in writing, just in case there should be any disputes later. Since then, a letter regarding a rent increase was hand delivered the same day the rent was collected. They refused to sign that they received the letter; furthermore they refused to note on my copy the date of receipt. I would like to give them a letter that I am terminating their month to month lease and requesting that they vacate the premises. I am afraid that if I send this letter by certified mail, they will not pick up or accept, and therefore use the excuse that they did not receive any letter to leave the premises. I'm also very concern about having a date of receipt because I don’t want them to say that they received the letter less than 30 days. Is there an alternative method that I can use to make sure that they sign and date the letter upon receipt? Thank you.
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Editor's Response
The best way to serve a Notice to Quit or other correspondence is by using a sheriff or constable (find them in the phone book). It will cost about $30, but it's worth it. If the tenant plays games or refuses to open the door, the constable will leave a copy of the notice on the door and mail a copy to the tenant. The constable will then give you a copy of the served document along with a 'Return of Service.' You then file this Return of Service along with the Notice to Quit when/if you need to start the eviction. This process creates 'prima facie' evidence of service and the court will consider the notice properly served. The burden then shifts to the tenant to prove he or she was not served (and most housing court judges have heard all the stories and excuses and will not be impressed.) With particularly difficult tenants, or if things get messy, you may want to find a MA lawyer with housing court experience. Good luck.
Re: Serving Correspondence to Tenant
Thanks for your input. I wrote a "Notice to Terminate Tenancy/Notice to Vacate Premises" letter to the tenant. I had it notarized before sending to the Sheriff's office for delivery to tenant.
I feel much better that I will have evidence that the notice was delivered and the date of delivery.
Thanks again.