Foreclosure notice and a 30-day notice ‘lost’ email
By A Las Vegas Renter
My Landlord notified me in early 2010 that he was foreclosing on the property – ie – not paying his loan. Then I started receiving notices from the foreclosure company – in the mail and taped on the front gate.
My landlord told me in early June 2010 that I could use my deposit (1 months rent) as my last month’s rent – just let him know. On June 22, 2010, I sent him a 30+ days notice that I would be leaving in the end of July – and using the deposit to pay July.
I didn’t hear anything from him – until August 25, 2010, when a real estate guy contacted me. He didn’t know that I was no longer living there. The RE guy is working for the bank and the landlord – the property is still under foreclosure.
Apparently the landlord didn’t get the email…we normally do business by email and that address definitely still works…I never got a bounced email error message.
He also never contacted me about July and August’s rent. perhaps he thought that I was using the deposit as free rent for July, but August?…and yes, he always contacted me if rent was late – he had address issues and sometimes the check got delayed in the forwarding.
So – does an email count as a 30 days notice – and can a landlord claim he never got it?
Edited on: Monday, April 15th, 2013 12:04 am
2 Responses to “Foreclosure notice and a 30-day notice ‘lost’ email”
August 29th, 2010 9:26 pm
Most states say something about giving 30-day notices in writing–but you would have to check your state laws to see if that applies to emails or not. If you have copies of emails from your landlord stating you could use your deposit as last month’s rent, and your reply emails, it should be okay in court, since that was your primary communictions method. The other part of your question isn’t really clear. Did you actually move out, or were still there in August? And why and for what reason did the Real Estate (or bank worker) contact you? Trying to get rent money? If the property is being foreclosed on, and there are no new owners yet, and you have not signed a lease or contract with any new owners, you’re under no obligation to pay them anything, as far as I can tell. Your responsibility was to pay the landlord the rent–only HE can take you to court to claim it. It was HIS responsibility to pay the mortgage lein on the property–this isn’t passed off to tenants. So, without being entirely sure what your exact question and situation is, the best thing to do is consult your local and state renter’s laws… and if you receive any sort of court summons, immediately contact an attorney.
August 30th, 2010 12:37 am
The first question I would ask is this:
Do you still have a copy of the email where the landlord stated you could use your deposit as the last months rent? If you do, I would use the copy of the email you sent (showing timestamp) and attach it to a printout of the email received by the landlord showing that you had right to do so. Once you have that you can either send a certified letter directly to the landlord or RE person with a simple letter stating that you had previously given written notice to the landlord as agreed upon, proof enclosed.
That should protect you from any false charges.
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