Problem tenants refused 30 day notice

[zonemaster60]

Hi,

You may remember me before where we had the complaints from the downstairs tenants about my son playing the drums during the day and they called the cops on us, the landlords

My wife recently wrote them a letter explaining the rent increase and unauthorized animal boardings on January 2nd. They were NOT home to give that to them personally so we left it in there mailbox. This was NOT a 30 day notice it was a letter explaining to pay the rent increase and the reasons for it.

So the tenants refused the 30 day notice that we had notarized and delivered to them personally. They will also be getting a 30 day notice by certified mail.

The tenants said we broke the federal law by putting the agreement in their mailbox. So I called the police and they said to me "there is no such law" you can do it by putting it in their mailbox or personally, but better yet a lawyer.

So now instead of them getting 30 days notice because of there stupidity, it has turned into a 3 day court order eviction. I am going to a real estate lawyer in our town and pay them to serve them the court papers.

Is there such a law? that is my real question. Is there a federal law saying we can't serve them a written agreement that we put in their mailbox because they were not home at the time?

 

[Gail_in_Georgia]

There is no such law.

Many times you'll hear of such notices being described as "tack and mail"; this means the notices are both sent and "tacked" (attached) to the door just in case you have deadbeat tenants who have suddenly "lost their eyesight" (so to speak).

Gail

 

[zonemaster60]

no i meant we put the agreement in an envelope and placed it in their mailbox because they weren't home and they said that we broke a federal law by doing that. they didn't have anything else on us so he had to make up something to prolong the eviction proceeedings.

then today my wife (the owner) went in person with me as witness to personally serve them a 30 day notice and he refused because he said a city marshall had to serve it. That's fine. I hired a realestate lawyer in town to take care of everything.

Now what could have been 30 days for them to move out, has turned into 3 days through the court.

Opps I didn't see the "there is no such law" on your last reply lol, sorry about that. thanks that's all i need to take to the lawyers office this afternoon

 

[Gail_in_Georgia]

What; they think they're going to get the Post Office to sue you because you put the note in their mailbox?

And no, a City Marshall does not have to serve them this notice. The first step in the eviction process is a "Notice to Vacate" from the landlord.

If the tenants do not respond to this, the next step is beginning the formal eviction through the court system. Once you file against them, notices that they have been "served" will be handled by the local law enforcement agency that normally runs around doing these things (and often this is the Marshall's Office).

Gail