Landlord is not responding the certified letter.

The landlord afford a early termination of our lease with respond by Jun20’09 and a 90 day advance notice of move out. We responded and mailed a mutual release form, certified mail, notice left on May 27 ’09. Landlord has yet to pick up the mail and the dead-line is approaching. Can we rely on the notice date or does the landlord have to have the response in hand?

Asked on June 12, 2009 under Real Estate Law, Virginia


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This depends on the law of your state, and it isn't the same everywhere:  is the effective date of your notice when you mailed it, or when the landlord chooses to get his mail?  Your lease may also have language which talks about this.  So you need to discuss this with a real estate lawyer in your area, and I'd do that as soon as possible.  One place to find an attorney is our website,

It may also depend on the "mutual release form," and I hope you kept a copy of it, as you mailed it out last month.  Your lawyer will definitely want to see that, along with your lease.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.