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

Answers:

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, http://attorneypages.com

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.


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