I served a 3 day notice to my tenant and he mails me an empty envelope by certified mail. Can I serve him again asking for rent?

Asked over 1 year ago - Santa Clara, CA

I served him on a Tuesday and he called me on the Thursday to say his wife called to say he was going to mail the check. The certified mail I received is postmarked on the Thursday but is completely empty. What can I do in this situation? What kind of evidence can he give to prove he send something in the mail?

I am afraid this will cause confusion if it goes to court and he claims to have sent something, but I didn't receive anything. Can I serve him again stating that I received an empty letter and ask him to send rent payment within the next 3 days? Or should I begin with the eviction process and label him a unlawful detainee? What are the chances of winning my property back and evicting him out?

Thank you for your advice.

Additional information

The tenant usually sends rent by cashier's check. If he claims to have sent the cashier's check this time, but we received nothing, what can we do about this? How can we prove that we didn't receive anything from the tenant? Does the case become shaky if he starts arguing that he sent the cashier's check?

Thank you.

Attorney answers (1)

  1. Celia R Reed

    Contributor Level 20

    Answered . Continue with the eviction process. Send him a letter confirming receipt of an certified letter with nothing in it. The tenant has to prove payment. If he is not current and your original notice was proper, it's time to take the next step. Good luck.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

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