Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I plan to follow the advice of the counsel I received. Just trying to gain as many different perspectives as possible, maybe from people that have been through similar experiences.
Thanks for your reply.
Put tracking on it.
Why so paranoid?
Whether you are a great renter or not the landlord is not required to continue the lease.
As KonaKat stated, I too have never heard of a "Mailbox Law", other than from this attorney. I also had to pay $150 dollars for this advice. I have done exhaustive research with no luck. Forgive me for seeking advice here before I shell out more money to a lawyer who may give me a completely different answer.
You shouldn't speak for everyone here, Katie. Just because you are not a lawyer, that doesn't mean that others here are not. Also, I'm not seeking legal advice. I'm hoping someone has maybe dealt with this situation before and might have some advice as to what they may have done.
I'm in Colorado. I apologize for not including that in my OP.
If you are asking about a law you are seeking legal advice which is against TOS to give whether one charges for it or not.
You paid for legal advice already so you should use it.
Also, what makes you think anyone else can advise even if they have experienced the same?
The only one knows your landlords reasons and motivation is your landlord, go ask him.
Silly renters you paid $150 for an opinion you don't trust why? Here in AZ rent is on time when it is received there is no postmark protection of any sort. Use your banks autopay or get tracking on the letter are your only protections outside the legal council you received. Most autopays have late fee protections so you should familiarize yourself with your banks policy.
Just send it certified mail with receipt. The landlord signs for it and you have proof he received it. If he doesn't sign for it, you still have proof that you were mailing it out.
He requests you to mail it. So mail it certified with receipt. Problem solved.
Using your bank's autopay gives you evidence that you paid. How is the landlord going to evict you for nonpayment when you have that kind of evidence? Certified mail is not as good, because it tells the landlord you don't trust him, and also gives you more work to do each month. The landlord might also construe it as harassment, because he's required to sign for it each month. What if he's not home when it arrives? A bank's autopay is a better compromise, and also insures that you don't forget to pay on time.
His actual motive might simply be to not have to sign receipts. You're only guessing that he wants to evict you. Autopay covers all bases.
Autopay option from your bank is sound advice. I would just remind you to send it a few days before the rent is due, because they have to print and mail the check.
When paying your rent you need to have a dated receipt of payment. The reason being that many LL's will not cash your check in a timely manner or several days/weeks later. When you don't have a dated receipt your only proof of payment is your cancelled check with a process date that indicates a late payment. You must have proof that you paid your rent on time. The only way to do that via mail is certified mail which is costly and forces you to pay your rent with enough lead time for your LL to receive it. Secondly certified mail is only proof of delivery it is not proof of the contents of the envelope. YOU MUST HAVE A DATED RECEIPT.
Via USPS(US Postal Service), send it Priority Mail which is around $6.00. Priority Mail has USPS Tracking. You will get a tracking#. It tracks the date/time it was placed into the landlord's mailbox by the mail carrier.
You pull up this tracking info online via the tracking# and you can print it. It doesn't require a signature from the landlord, which means the carrier can place it onto the landlord's mailbox even if they aren't home.
Also do the photos as the attorney suggested. Don't do video, since attorney said photos are more preferred by judges rather than video. The judge wants to see the photo and be done with it, per your attorney. Listen to that advice and take the photos instead of videos.
The USPS Tracking will have you a secondary protection(in addition to photos) since you will have the USPS tracking info which shows the date/time that the mail carrier delivered it. Plus your landlord will see the tracking# on the envelope and will be less likely to try to lie about not receiving the mail.
Last edited by sware2cod; 10-19-2015 at 09:54 AM..
His actual motive might simply be to not have to sign receipts. You're only guessing that he wants to evict you. Autopay covers all bases.
But he lives right across from her and can make arrangements to get the check in person but looks like he is trying to put hurdles in. When someone makes something easy into a complicated matter you have to question the motives.
I'd just continue to walk the check across the street and hand it to him. Save a stamp...
Koale
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I don't know...
