What if tenant won't sign for certified notice? Is it valid?

Question

I have a tenant that I sent a " Notice to cure breach or quit". I sent it certified return receipt, and a copy through regular first class mail. They did not accept delivery and sign. Do I have to serve them again, or can I go ahead and sue for possession. I live in Indiana.

Answer 1

Without it signed, you are pretty much screwed. Some states will grant you your earnest efforts after the third time that the person declined to sign, but that's the unfortunate/beauty (depending on how you look at it) with certified mail - it's only certified if accepted
But for this action, the person who posted a few comments ago was right - post it and take a picture of it and the address. You really dont have to got through all of the certified stuff, because if the rent isnt there in a timely manner, you dont need this signed document to start evection proceedings.

Answer 2

IC 32-31-1-9
Service of notices
Sec. 9. (a) Notice required under sections 1 through 7 of this chapter may be served on the tenant.
(b) If the tenant cannot be found, notice may be served on a person residing at the premises. The person serving the notice must explain the contents of the notice to the person being served.
(c) If a person described in subsection (b) is not found on the premises, notice may be served by affixing a copy of the notice to a conspicuous part of the premises.


http://www.in.gov/legislative/ic/code/title32/ar31/ch1.html

Answer 3

Oh, I have run into that before.

The post office should send you a notification that will specifically said, "Signature refused".

That means CONTACT was made, and the recipient refused to sign for it.

In court...that is good enough.

PS: In most states you don't even have to send the tenant a notice to pay or quit. If they are 30 days deliquent, then you can go ahead and file for the eviction, and that actually saves you 30 days in the process (30 days to the tenant, then the court will usually grant another 30).

Answer 4

Retain the UNOPENED letter you sent via certified mail with the return receipt requested. That is your verification of attempt to serve notice. It's not your problem that they refused to accept what you sent. The unopened envelope, with the proof of mailing, etc. will suffice in a court of law.

Answer 5

I think you can post it on the outside of his front door, then take a photo of it. It works that way in a lot of states. A call to your local landlord-tenant office or Legal Aid is suggested.

Answer 6

You have to send it again or have the police deliver it. Otherwise you cannot take action because they have not been notified.