Q: Does a Landlord have to send letter of intent to keep deposit CERTIFIED MAIL? She sent email & tomorrow is day 30.
I'm going to file in small claims tomorrow because we've exchanged emails as that is how she wrote me with her intent to keep 100% of my security deposit, and I sent my contest to that certified, and I haven't heard from her since June 28. I just want to be POSITIVE that the landlord has to have it in writing on paper, and sent certified, versus sending an email that anybody can say they never got.
It says within the lease that she has 30 days to notify in writing of intent to keep security deposit. From what I’ve read online, if you do not receive something certified mail within 30 days, she forfeits her right to keep the deposit.
A: I believe it has to be sent certified mail, but if you file suit tomorrow you probably will have waived that rule.
Bruce Alexander Minnick agrees with this answer
1 user found this answer helpful
A: I agree 100% with the advice given to you by Mr. Thorgaard:
The reason for requiring certified mail is to be able to prove that the person you are trying to get the letter to actually receives the letter. However, one of the big drawbacks about sending things by certified mail is that the person may just ignore it--leaving the sender with no way to prove receipt. (Note: That one reason is why many lawyers use delivery confirmation--because the post office gives you a tracking code that reports the actual day of delivery.)
Finally, as Mr. Thorgaard pointed out, by suing the landlord you will not be able to raise the "no certified letter" issue because your lawsuit is sufficient proof that you were given adequate notice of their intent to keep your deposit.
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