Legal Question in Landlord & Tenant Law in California
Keeping Track of Warning Notice Sent to Tenant
I kicked out my ex 6 months ago and he refuses to remove the last of his items out of my garage, but threatened me when I said I'd sell or dispose of the items otherwise. At the advice of police I am going to write him a notice stating he has X days to remove these items so that I have it in writing if he still refuses. But if I end up bringing it back to the police/courts, how will they really know if I really sent it or if my ex actually received this letter, even if I have a dated copy? Do I need to get it notarized or postmarked or is there a way to track it?
1 Answer from Attorneys
Re: Keeping Track of Warning Notice Sent to Tenant
You can go to the post office and ask for a proof of mailing. This will establish that you mailed something to your ex. Better yet, go to the Judicial Council web site- courtinfo.ca.gov/forms/ scroll down to proof of service then to POS-020. You can print out a blank one or you can go to the fillable one and fill it out on the computer and print it out.
Have a non-related party sign and date the proof of service and mail the actual letter.
In the proof of service you will state what the letter is about. Retain the original. You can send a copy in a separate envelope to your ex so he is aware that a third party sent the letter.
A court will treat this as proof that the letter was mailed. Keep the proof of service with a copy of the letter .
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