My landlord texted on the 5th of Feb. A 20 day vacate notice. Then he mailed a 20 day notice that was post marked the 5th of Feb. He held our mail till the 12th of Feb. This is when we received the mail is it valid? The notice is to vacate the 28th.
The service is probably not valid. Whether the notice is valid is likely not helpful to you. It looks as if moving is in your near future.
Once the landlord sees that you have not left by 1 March, the landlord likely will figure out that the notice is not valid. Given that the notice needs to be given only at least 20 days before the end of the rental period, the landlord would then have a few days to properly give you notice to leave by 31 March.
Unless you have a lease whose term has not expired, you have no legal ability to force someone to rent to you on a month to month basis.
If you need a few extra days to move, perhaps you can negotiate with the landlord for those extra days.
I agree with Mr. Nguyen. A text message is invalid as a 20-day termination notice. A mailed notice is also invalid unless the landlord (1) tried to deliver it to you personally, (2) could not find you at the property, posted the notice conspicuously on your rental premises with enough copies for all occupants known to be tenants in that premises, and (3) immediately mailed a follow-up copy (or copies). From your description, I'd say that you have not received a valid 20-day notice. You could win an eviction based on those defective notices. The downside is that any eviction case, even if you win, can damage your future tenant screening reports. Maybe you can negotiate the end of the tenancy on more favorable terms without the need for court action. If the landlord really wants you to leave, the landlord will eventually figure out how to do it right, but in the meantime your negotiating position is reasonably strong. Keep paying rent for as long as you occupy the property, keep good records of all activity, and take tons of photos showing the condition of the property at move-out, whenever that happens.
How did the landlord "hold" your mail? I have not researched it and the answer is not necessary to see that the notices were invalid, but holding your mail could be a violation of federal law.
This answer is intended as a courtesy only, and does not constitute an attorney-client relationship between the attorney and the questioner.
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