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In a landlord-tenant relationship what can LL do to

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substitute having to go to...
In a landlord-tenant relationship what can LL do to substitute having to go to house and post notice of eviction? What are the alternatives if any?
Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
12/5/2017
Lawyer: Roy Hadavi,
 replied 7 months ago
Roy Hadavi
Category: Landlord-Tenant
Satisfied Customers: 1,394
Experience: Attorney at Law Offices of Rosenstein & Associates
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Hi Joseph. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: The landlord may also mail the notice to the tenant. Alternatively, if the lease permits it, you can also email the notice to the tenant. However, it is preferable to mail or post the notice, as a hard copy is better for evidence in any unlawful detainer action that may be necessary.

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Customer reply replied 7 months ago
With email u can prove u sent it but with first class mail or even a post on door tenant can simply deny receiving such notice. Your thoughts?
Lawyer: Roy Hadavi,
 replied 7 months ago

If you post it on the door and mail it by certified mail, return receipt requested, the tenant will be hard pressed to prove that they did not receive the notice. You can also take a picture of posting the notice on the door. The burden would be on the tenant that he/she did not receive it. If you want to err on the side of caution, you can also email the notice to the tenant. Lastly, you can reference in each notice that you are providing duplicates through the other means as well. Such as writing on the door notice that you will be mail and emailing a copy as well.

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Customer reply replied 7 months ago
How can u effectively serve notice without having to go to the house and post notice at the door?
Lawyer: Roy Hadavi,
 replied 7 months ago

Mail will suffice (certified, return receipt requested). You can use email as a backup as well.

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Customer reply replied 7 months ago
Do u think that if u have a clause in the lease that tenant agrees to accept notice by email alone that it would hold up in court despite the property code's mention of notice by posting at door? Has there been any court decisions that address the issue?
Lawyer: Roy Hadavi,
 replied 7 months ago

I'm sorry you did not mention what state you are in. If the Code in your state explicitly states that notice must be posted on the door, then you will have to post it on the door.

From what I understand from our conversation, your apprehension with posting it on the door is that the tenant will claim they did not receive it. However, if that is what the code requires (and you back it up with either email or mail), the tenant will not be able to dispute the notice.

I think you are over complicating this matter for yourself.

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