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#1
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I am renting out my house to troublesome tenants who don't pay on time and can be very difficult to deal with. Their 12 month lease has expired, so I have decided to get them out of there and to try and sell the house.
I understand that I am required to give them 42 days notice as they have been in the house longer than 1 year. I just sent them a notice of tenancy termination by certified mail on which I stated that the notice period would start from the day that they received the notice and they must vacate the premises 42 days later. My question is, is this an acceptable notice or must I explicitly state the date that they must leave the house ? |
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#2
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on which I stated that the notice period would start from the day that they received the notice and they must vacate the premises 42 days later.
This is risky wording. You will have problem confirming date they physically received it. I believe in fact that without clear start and finish dates the notice is invalid. Re-issue with notice period starting on the date of issue and a clearly defined vacation date. If the tenants have been difficult as you say then I would reccomend delivering to the property by hand with a non partial witness. You do not need to put it into their hand just make sure it is left on premises. To be really safe post as well and deliver via any other means you have, email for example. Makes it hard for a tenant to dispute receipt and shows you are serious |
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#3
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Thanks for the reply
I thought the fact that I sent it certified will allow me to prove the exact date when they received it. I am out of the country so hand delivering it is a non runner for me. If I send a notice and it arrives after the date I expect it to i.e. later than the expected start date of the 42 days notice, will the notice be invalid ? I revisited the termination notice and I actually have a date specified (the initial draft had the 42 days from now wording). I'm thinking of resending the notice and adding a few extra days to the notice date so that I ensure that 42 days or more is given |
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