[stephelp]

My tenant has been nothing but problems and her lease auto renewed 09/01 unless written notice was given. Mention in an email 07/24 that I was sending correspondence via USPS in reference to her lease being up 08/31and for her to keep an eye open for it. This is also when I sent her statement for the month. Email has always been used... for everything besides the actual signing on the lease. Sent her an email on 07/31 stating her lease would not be renewed including the letter (PDF) I mailed to her dated 07/25.


Tenant responded by text on 08/01 (which backs up to my email) acknowledging the receipt of notice and asking to set an appointment to do the walk through on 08/30 and requesting her deposit be returned in 30 days.


She sent me several other emails and text messages on the dates 08/04 & 08/09 in reference to turning in keys, security deposit, etc.


Now... on 08/15 she's saying she not moving out until 30 days after I mail her a letter and its in her possession because I failed to give her written notice. Which ironically she EMAILED me.


I did mail it but w/o proof of receipt. I know... stupid. My question is... can she deny she ever received it when she has made appointments with me for the walk through as well as mentioned giving me keys on a certain date? How should I respond to this? Should I respond to this or get someone else involved?

[LisaB4657]

Did you ever mail the non-renewal notice by USPS?

Does your written lease say anything about how notices must be delivered?

What state are you in?

[stephelp]

It says notices not deemed valid unless given or served in writing and fwd by mail, paid postage and addressed to appropriate party

I did mail it out on 07/26 and I'm in MD

[LisaB4657]

It sounds like you gave her the appropriate written notice. So she is claiming that she never received the mailed notice. But she sent you several emails acknowledging that she received your emailed notice.

If I were in your position, on Sept. 4th I would file a lawsuit for eviction. At the trial all you have to say is that you mailed the letter, addressed to the tenant and postage prepaid as required in the lease I would add that the letter was not returned to you as being undeliverable. Also, make sure that you print out copies of ALL of the emails. This means the ones you sent her as well as her responses. I think you have an excellent chance of winning the case.

[stephelp]

So I should ignore her and avoid confrontation? Her and I have an appointment September 1st to do the walk through, which an inspector I'm paying for is coming as well. How would that be handled? Show up with him and see what happens?

[LisaB4657]

You don't have to tell her that you're planning on suing her for eviction.

Definitely show up for the walk through. Bring a camera and take plenty of pictures. Bring paper and make a list of all damages and both of you should sign the list.

And if she doesn't return the keys to you on that date then file that lawsuit on Sept. 4th.

[stephelp]

The lease does state any fees I acquire because of her she is liable for. So I guess the inspector gets paid out of her pocket if he is not allowed in to do the inspection. Plus, every day passed the day of the end of the lease she is charge $66. I just don't understand why people are so difficult and mean? Unnecessary

Thanks so much for your quick responses and input!

[LisaB4657]

Good luck!