terminating lease--mail question

[econstudent]

On April 28, I mailed a notice to my landlord that I would be terminating my month-to-month lease on May 31. I sent it certified and the tracking shows that a notice was left in his post office box on May 1. He hasn't picked it up yet. Does this have any bearing on my termination of the lease? Does my 30 days notice go from when he *could* have gotten it, or from when he actually picked it up? I know he doesn't check his mail very often because he sometimes doesn't cash our rent checks until toward the end of the month. We would call him but he's hard to get ahold of by phone, and he doesn't seem to remember things we tell him verbally anyway.

[thyme4change]

Can you leave him a voicemail asking him to pick up his mail?

I don't know the legal standard of "informed" - sorry.

[swamp]

Legally, service is complete upon mailing.

[TheOtherMe]

May 15, 2012 15:59:51 GMT -5 swamp said:

Legally, service is complete upon mailing.

Wish I had known that. I sent a certified mail letter to my builder with things to be fixed just before the end of my year. Of course, it was returned.

[Peace77]

I would call and send an email if you have the email address.

[Deleted]

Make sure you keep that certified receipt. That's your "proof of mailing". Even if the letter is returned (which you should keep) you have your proof that you mailed notice on time.

[econstudent]

Thanks for the responses. The certified letter terminating our lease also holds this month's rent check, so I'm guessing he'll want to get it at some point. It sounds like we have legally fulfilled our obligation of notification, so that's good. If he doesn't pick it up in the next few days, we'll call him to make sure he is aware we are leaving so that we can try to get a move out inspection.

[econstudent]

Update--so, we ended up staying one more month in our apartment because my new job is moving slower than I expected. We talked with the landlord about this and he was fine with it, especially since he didn't bother to check his mail until the end of the month and therefore didn't know we were even planning to move out. So, now he knows we are moving out June 30 because of our conversation. We still included a letter with our rent check spelling this out and sent it certified. Good thing we did, because he called today and said he hasn't gotten our rent check for the month. We checked the tracking and saw that a notice was left in his post office box on May 30. He says he never got the notice (he has a well-established tradition of losing rent checks, so I can't say I'm surprised), so we're going to check with the post office to see if he can pick it up without the notice--I would think he could with his ID.

[8 Bit WWBG]

...:::"Legally, service is complete upon mailing.":::...

So does that mean if I send it by burro and it takes 2 weeks to arrive, I still get credit for giving notice on the day I actually mailed it?