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Certified Mail for delivery of 5 day eviction notice not picked up

Virginia Beach, VA |

My tenants did not pay the rent this month so I sent them a 5 day notice to pay or quit. I sent it via certified mail, but I did not ask for return receipt. The tracking information shows that that a notice was left, but its not picked up yet. How long do I have to wait before i can go to court, if they don't pick up the letter? Is this enough proof that I've sent the letter, or I have to deliver it in person too?

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Attorney answers 1


The issue is whether or not the tenant has received service of the 5 day notice. The facts as presented by you are that the notice was dispatched, but you do not have any proof that the tenant received the notice. When the court requires proof, you will not be able to provide it, and your action can be dismissed, and you will have to start over.

With regards to delivering it personally, this is not recommended; typically the sheriff department has a civil enforcement division which can serve the notice for you.

Good Luck and if you need further information, feel free to contact me.

Sam Mansoor, Attorney
Mansoor Law Firm, PLLC
50 Catoctin Circle NE #301
Leesburg, VA 20176
(703) 404-7733

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