Legal Question in Real Estate Law in Utah

Landlord didn't sign for Certf'd Mail/Cost $115, eviction

I sent my final month's rent certified along with 30 day notice to end lease (lease was month-to-month). Next thing I knew I had eviction notice unless I paid rent plus $115 in charges within 3 days. I paid but checked with the postal service and found that they made 3 attempts to deliver the certified and the property management company simply failed to sign and accept it (well enough in advance of my due date). Do I have grounds to demand refund of the $115? Aren't they obligated to sign out of professional ethic? What about my time in dealing with all this? I have documentation from the postal service that 3 attempts were made. (I didn't send a duplicate letter just plain First Class mail, only certified.


Asked on 10/11/00, 3:24 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Landlord didn't sign for Certf'd Mail/Cost $115, eviction

Your certified letter is verification that you tendered the money and you are entitled to your refund. You may have to file in small claims court to get your money back, but if you win you get your money plus the court costs.

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Answered on 11/07/00, 10:31 am


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