As of my earlier post, the end of the lease was June 30 2007, and notice was send through the e-mail on May 7th and i also got a reply from them also through e-mail on May 7th.
I just talked with someone at the District Justice and was told that as those notices are printed and it apears clearly that it was the tenant that replayed (the tenent is a police officer and he sent the reply from his work) then the notice are ok.
So its been almost 60 days since the notice, also there is no clause in the lease as a month to month, after the expiration of the lease. It says clearly that the lease has to be remade.
Theres no automatic renewel , a new lease has to be drawn up.
As to why I didnt want to go to court was that i heard that they cant play around with me for 60days or more. And i was looking for a way to make them move faster.
As i said earlier, they told me that they were moving in 3-4 weeks, but the person that is(renting) them the place cannot be found.
2007-07-02 07:58:24 · 4 answers · asked by mike c 2 in Politics & Government ➔ Law & Ethics
Sorry pal, but my previous answers stand. E-mail notice is not sufficient unless both e-mail systems use secured certificates. Due to the costs, most don't. Without certificates that provide for non-reupdiation you'd have to pay for a forensic analysis to validate the e-mail. That could cost as much as your house did in the first place. (I'm a network engineer and have run a couple of those. Made a TON of $$$. Sometimes you can prove it and sometime you can't but the bill still has to be paid. And so do the legal costs.)
Anybody can print an e-mail and make it look like it said whatever they wanted it to say. If you send me a private e-mail, I'll be happy to give you my personal e-mail address (off the Yahoo system) and demonstrate that for you.
Unless the lease specifically stipulates that the tenant must MOVE OUT by the ending date of the lease, a month-to-month tenancy is presumed in law. Additionally if you accepted ANY rent after the termination date, a month-to-month tenancy is created regardless of the wording of the original lease.
Given that your tenant has a defensible position that proper notice has not been served it will be up to you to prove otherwise in a court of law. The time and cost of doing that is probably not worth the effort.
Since you are dealing with a cop, if you enter his home illegally he'll be fully within his rights to arrest you on the spot. On top of that, he's armed and could possibly shoot you in defense of his home. Are you REALLY that STUPID that you'd take THAT risk? Even if he didn't "get away" with it, you'd still be DEAD.
Whatever the case with the e-mail notice's legal sufficiency you are NOT going to get anywhere with this fiasco until you start legal eviction proceedings. At least a dozen folks have already told you that. (OK, a few idiots said otherwise. Every village has its idiot and Y!A is no different there.)
2007-07-02 08:49:55 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
You still need to go to court if the tenant does not vacate voluntarily, and you should not wait for them to move. Otherwise, you'll be sitting here in December wishing you had filed the papers in July.
From your district justice it sounds like there is a rebuttable presumption of notification validity in your jurisdiction (for email replies) and that the tenant would have the burden of proving he never received notice (which would probably be very difficult at this point). Non-repudiation and key certificates are usually left for different types of agreements (EDI, cryptomail, etc) and only rarely surface in litigation.
Worst case, you can have new notice served in hand with a constable's certified return, locking in that date of notice, assuming your earlier attempt is voided. In any case, your month-to-month is presumed after the lease, if the hold-over tenant stays and continues offering to pay rent. However, under the terms of your non-renewable lease, you could probably have evicted him on the final day of that agreement.
2007-07-02 09:32:45 · answer #2 · answered by Nuff Sed 7 · 0⤊ 0⤋
get them evicted. tell them they have 2 weeks to move out (tell them the date) and next time send the notice through the mail.
2007-07-02 08:06:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Go to court!
They'll be evicted in 45days!
2007-07-02 08:09:53 · answer #4 · answered by Juliu C 6 · 0⤊ 0⤋