Q: Sent 72hr notice nonpayment on 1/9/19, posted, mailed 1st mail, and email, on 1/14/20 still didn't receive any payment
Hello all, my tenant didn't pay Dec.2019 rent after 144 hour notice nonpayment, I filed an eviction and trial, The court grants default judgment in favor of defendant dismissing plaintiff complaint( because I didn't have proof of mail service) tenant didn't sign off certificate mail at USPS.
The tenants still continued to stay on the premise and still didn't pay for Jan. 2020. The 72 hours nonpayment sent out and payment required on 1/13/20.
Shall I need to make another 72hrs notice for a due date on 1/17/20 via first class mail or certified mail ? How can I get my personal property back?
A:
No offense, but your posting does not make a lot of sense. You refer to serving both 144 hr and 72 hr notices; if both sides appeared in court, there would not have been a default Judgment since neither side defaulted if they showed up.
It sounds likely that a new 72 hr notice needs to be properly drafted and lawfully served immediately. Note that you can NOT lawfully serve any landlord-tenant notice by Certified mail, not is it clear what personal property you seek to get back or how it is related to all this. Bottom line is you may want to simply make an appointment and review everything with a landlord-tenant attorney to precisely chart a course. Good luck.
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