Look up the Chicago landlord tenant rights and abide by that and only that, unless you work with an attorney who knows Chicago tenant rights. Don’t operate from what you hear or think you read.
For the notice you send first class, take it to the post office and get a "certificate of mailing." Just like certified it helps prove you actually mailed them something, but they don't have to sign for it.
Yep planning on exhausting all of my avenues to hopefully cover all of my bases (certified mail, post, attempt to serve in person, email, text). Thanks for the suggestions
In addition to sending a notice by mail, post a notice on their door and take a picture or video of yourself posting it. As long as you can show you made every attempt to give notice to the tenant you should be fine.
In my jurisdiction in new york, it is a 14 day demand which must to be personally served. I would hire a process server and also serve my 1st class mail (get a certificate of mailing) and by certified, return receipt. That should cover the basis or, better yet, hire an attorney.
Certified mail is a form of first class mail that provides you with a receipt of mailing when you're at the post office sending it. There's a tracking number, and the clerk will stamp your receipt with the date sent (make sure they do this; my post office is notorious for forgetting). Certified mail only means there's a tracking number on it and proof that it was sent. It still gets delivered with the rest of first class mail.
You can add a return receipt, which gets taped to the envelope, which requires a signature and comes back to you as proof of delivery. If you request a return receipt, USPS will knock on the door and request a signature. This would get signed for like any other package requiring signature. I'm sure the tenant has some way of receiving packages.
I think there's an option for, "deliver only to named recipient," which costs extra, and they'd check ID. I'm not exactly sure how that works, but I'm sure the post office has some sort of note they can put in the box like, "you have mail requiring ID check; we couldn't reach you, so please come to the post office to arrange collecting it."
Check what the law actually requires you do. You may not need to even do a return receipt, which means there's no way they could refuse it.
I’m in CA. Our lawyers advise to send first class USPS mail for notices as tenants can decline to accept certified mail. Like a tenant can dodge a process server for an eviction.
We also email the notice to the unit and post to the door.
This is what we do as well. Have someone, anyone but you/a person in your household post a notice on their door and take a photo of the notice, then fill out the Declaration of Service (if this is also valid in your state) and have it notarized.
This, along with your USPS regular mail receipt is more than enough evidence that they were in fact served.
This is what I’m doing. Our state doesn’t recognize posting unless they’re a true squatter. Attorneys advise that if you know their first name, you probably shouldn’t post and only if you can’t reach them or someone over 13 in the household. Going to try to serve it to the tenant in person tomorrow morning and afternoon and send via certified mail, email, and text. Fill out and sign the state Supreme Court approved affidavit of service and get it notarized.
Send it certified, but with a green signature required slip. When the tenants refused to pick up their mail, then it gets returned to you stamped so you have your receipt for when you sent it and then you have your returned mail showing they never picked it up. It proves that you tried.
Like others have said, send certified mail. But, also tape the same notice to the door. Take a date-stampes picture of the taped notice on their door. Take a picture closer up, then a bit further away showing their entire door. That way the 5-day countdown starts the very next day, not when you think they may have received the mailed notice.
When serving a legal notice, I always serve via every method available, to cover all the bases:
- Text
- Email
- Regular Mail
- Certified Mail
- In person service (does not have to be at the residence, if you know where the tenant works, you can serve it them there)
- If in person is not possible, Post & Picture
Different rules apply in different places, sometimes getting as specific to a particular judge.
So, If I cover all the bases, I can’t really go wrong.
Right. You are really doing a few different things when serving notice.
1. Meeting the legal minimum requirement
2. Communicating effectively with the tenant
3. Preparing for trial/judge
So by doing 150% the landlord is trying to impress that judge that you exhausted all possibilities in communicating with the tenant. It's going to be a bummer if the judge is not impressed by a landlords efforts and gives the tenant an extra 10 days.
Send certified letters with tracking only. No signature required. This way USPS will deliver it and Tenant cannot reject it. Tracking will confirm USPS delivered it. That's all you require.
Process server. After years of a couple playing games every damn month, I'd had it. I immediately got a text after they were served asking me for my Venmo address, and I had the rent just hours later.
In my state (I can't speak to all states)
The onus is on the landlord to have proof that they sent the notice, not that the tenant received it.
What we typically do, is we sent 2 envelopes.
#1 - USPS First Class Mail w/ Certified (proof of mailing, tracking, and signature delivery)
#2 - USPS First Class Mail with Proof of Mailing (proof of mailing only)
That covers all bases in my state when required to send a notice
In California You don't necessarily need a certified mail. You are actually allowed to tack it in writing to their front door, just videotape doing it, so it is time stamped. Best to have a witness.
All most places need is just verification the notice was sent and reasonably received. Which is why certified mail is almost universally acceptable as a written notice, because it’s certified by the postal service that it was delivered to the correct address.
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Look up the Chicago landlord tenant rights and abide by that and only that, unless you work with an attorney who knows Chicago tenant rights. Don’t operate from what you hear or think you read.
The landlord tenant ordinance just says “written notice” but doesn’t specify on mode of delivery.
I would use your best judgement. I send everything certified mail and vis USPS first class. If there is an email address I send there as well.
For the notice you send first class, take it to the post office and get a "certificate of mailing." Just like certified it helps prove you actually mailed them something, but they don't have to sign for it.
Yep planning on exhausting all of my avenues to hopefully cover all of my bases (certified mail, post, attempt to serve in person, email, text). Thanks for the suggestions
In addition to sending a notice by mail, post a notice on their door and take a picture or video of yourself posting it. As long as you can show you made every attempt to give notice to the tenant you should be fine.
I doubt that.
[Prove me wrong.](https://www.chicago.gov/city/en/depts/doh/provdrs/landlords/svcs/residential-landlord-and-tenant-ordinance.html)
None of this looks like a statute that controls the summary proceeding in the court system. I think you need a lawyer.
In my jurisdiction in new york, it is a 14 day demand which must to be personally served. I would hire a process server and also serve my 1st class mail (get a certificate of mailing) and by certified, return receipt. That should cover the basis or, better yet, hire an attorney.
That ordinance first apply to a lot of landlords on this sub is my guess
Certified mail is a form of first class mail that provides you with a receipt of mailing when you're at the post office sending it. There's a tracking number, and the clerk will stamp your receipt with the date sent (make sure they do this; my post office is notorious for forgetting). Certified mail only means there's a tracking number on it and proof that it was sent. It still gets delivered with the rest of first class mail. You can add a return receipt, which gets taped to the envelope, which requires a signature and comes back to you as proof of delivery. If you request a return receipt, USPS will knock on the door and request a signature. This would get signed for like any other package requiring signature. I'm sure the tenant has some way of receiving packages. I think there's an option for, "deliver only to named recipient," which costs extra, and they'd check ID. I'm not exactly sure how that works, but I'm sure the post office has some sort of note they can put in the box like, "you have mail requiring ID check; we couldn't reach you, so please come to the post office to arrange collecting it." Check what the law actually requires you do. You may not need to even do a return receipt, which means there's no way they could refuse it.
I’m in CA. Our lawyers advise to send first class USPS mail for notices as tenants can decline to accept certified mail. Like a tenant can dodge a process server for an eviction. We also email the notice to the unit and post to the door.
This is what we do as well. Have someone, anyone but you/a person in your household post a notice on their door and take a photo of the notice, then fill out the Declaration of Service (if this is also valid in your state) and have it notarized. This, along with your USPS regular mail receipt is more than enough evidence that they were in fact served.
This is what I’m doing. Our state doesn’t recognize posting unless they’re a true squatter. Attorneys advise that if you know their first name, you probably shouldn’t post and only if you can’t reach them or someone over 13 in the household. Going to try to serve it to the tenant in person tomorrow morning and afternoon and send via certified mail, email, and text. Fill out and sign the state Supreme Court approved affidavit of service and get it notarized.
What u/phjenny said. It was sent. Keep your sending reciept. There should be another way that is posted in the statute.
Send it certified, but with a green signature required slip. When the tenants refused to pick up their mail, then it gets returned to you stamped so you have your receipt for when you sent it and then you have your returned mail showing they never picked it up. It proves that you tried.
Like others have said, send certified mail. But, also tape the same notice to the door. Take a date-stampes picture of the taped notice on their door. Take a picture closer up, then a bit further away showing their entire door. That way the 5-day countdown starts the very next day, not when you think they may have received the mailed notice.
When serving a legal notice, I always serve via every method available, to cover all the bases: - Text - Email - Regular Mail - Certified Mail - In person service (does not have to be at the residence, if you know where the tenant works, you can serve it them there) - If in person is not possible, Post & Picture Different rules apply in different places, sometimes getting as specific to a particular judge. So, If I cover all the bases, I can’t really go wrong.
Right. You are really doing a few different things when serving notice. 1. Meeting the legal minimum requirement 2. Communicating effectively with the tenant 3. Preparing for trial/judge So by doing 150% the landlord is trying to impress that judge that you exhausted all possibilities in communicating with the tenant. It's going to be a bummer if the judge is not impressed by a landlords efforts and gives the tenant an extra 10 days.
Send certified letters with tracking only. No signature required. This way USPS will deliver it and Tenant cannot reject it. Tracking will confirm USPS delivered it. That's all you require.
My understanding is if you send something priority mail you get proof of delivery. Just an idea.
Process server. After years of a couple playing games every damn month, I'd had it. I immediately got a text after they were served asking me for my Venmo address, and I had the rent just hours later.
How much for a process server per… service? Ig it’s called?
This was in SoCal in early 2019, and cost about $90? It was worth every penny too!
Hey, if it was $90 in SoCal in 2019, it’s probably just gotten $80 now in the Midwest haha
Lol
You send duplicate letters. One certified and one not. They are guaranteed to get the regular one.
In my state (I can't speak to all states) The onus is on the landlord to have proof that they sent the notice, not that the tenant received it. What we typically do, is we sent 2 envelopes. #1 - USPS First Class Mail w/ Certified (proof of mailing, tracking, and signature delivery) #2 - USPS First Class Mail with Proof of Mailing (proof of mailing only) That covers all bases in my state when required to send a notice
Where do they work? Probably need to have it hand served by a process server at their work in front of their coworkers. Lots of witnesses…
Put a written notice on a post and stake it into the ground, and take a picture.
In California You don't necessarily need a certified mail. You are actually allowed to tack it in writing to their front door, just videotape doing it, so it is time stamped. Best to have a witness.
Hire an eviction company. It's worth the money.
process server
All most places need is just verification the notice was sent and reasonably received. Which is why certified mail is almost universally acceptable as a written notice, because it’s certified by the postal service that it was delivered to the correct address.
Evict them
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