How do you give proper notice of vacating your rentalif you don’t have your landlord’s address?

My landlord and I never had a lease, however there are multiple e-mails and deposits to her account for rent/security deposit for an apartment. I have now moved and asked her for her address so that I may send my new address via certified mail. According to what I have read in the IN Code, this is the only way that I can start the 60-day countdown to get my security deposit back. She will not respond to my e-mails and I cannot find her property in the state that she lives in. Will an email with my address suffice? Can I simply mail my new address to her last known address?

Asked on December 6, 2010 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the problem:  if you can not locate her for notice as to vacating the rental then how are you going to sue her properly when the time comes?  And believe me: it will come.  So lets try and figure out how you can do this.  It appears that she does not live in the state in which you reside, correct?  But she has an account in the state to which you deposit money, correct?  And you have her email address, correct?  So yes, send an e-mail (although since you can not prove who is n the other end receiving THAT particular e-mail it is not such great proof but back up proof lets say). And send a certified letter and a letter by regular mail to her last known address (they should forward it if the order has not expired).  I might also consider starting an action against her in Landlord Tenant court somehow and having the court issue a subpoena to the bank for her last known address (if your court permits it).  You may need an attorney for help with that.  An attorney can also enlist a private investigator's help.  Good luck.   


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