Posted By Cliff Tuttle | July 25, 2010
The Landlord and Tenant Act contains specific instructions on how to serve a notice to quit when evicting a tenant. The landlord must hand it to the tenant, post it on the door or slip it under the door. No other method will do.
In the AVVO Answer, linked here, the landlord sent an email to the tenant’s lawyer. My colleague, who knows the law well, correctly pointed out that an email does not comply with the statute. However, he said that the magistrate would probably accept it.
Maybe he is right. So the landlord wins and the tenant appeals. Then what happens when the case is finally ends up before an arbitration panel? If the tenant’s lawyer is sharp (or reads PLBT) he or she will put a torpedo right in the bow of the landlord’s case. I’ve seen it happen, its devastating to the landlord.
Suddenly, the case must start over, but now it is two or three months later. The money in escrow goes back to the tenant. The tenant continues to occupy the premises. And the landlord may never be able to recover all of the rent. Ever.
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