When a resident provides a written notice to vacate (email or a letter provided to the leasing office), can the leasing office legally force the resident to sign their company NTV form and say "the notice starts from when we receive this form back"? Or would a court recognize the letter from the resident as a legal notice?
If the requirement is written notice per the lease contract it doesn’t matter if you have a form for them to sign as long as they provide written notice. A judge would honor their email because it’s a written notice.
They can write it on a napkin and tape it to the office door if they want. Written notice is written notice. Also seems like a weird thing to be adamant about.
Is this a specific circumstance question or a hypothetical? I would definitely not question it if they haven’t said the notice was not representing their intent.
it doesn't necessarily matter. Obviously in roommate situations or bad break ups things can go awry but the point is we see 1 lease holder as a representation for all. So if one person wants to pay their portion of rent but the other doesn't have it, we don't take it bc we don't see them as separate entities. This would hold the same. You are not individuals you are full party to a lease and therefore if one person signs that's enough. You can go further and say that if there wasn't communication between lease holders it isn't the communities responsibility.
I’ve gotten a written notice via text message that I’ve been able to print out. It doesn’t matter the form as long as it’s given in writing it’s valid. I wouldn’t chase someone who already gave written notice and then want them to sign a form that seems a bit Time-consuming
it depends on the situation. We have AppFolio so they can just go on the portal and give notice. However if you’re familiar with AppFolio if all the residents should give notice but give the notice on different dates it kind of screws it up so I will just send a follow-up text message to the other roommates and if they text and affirm. That is fine . Otherwise, if it’s a family, and say the wife gives notice and says our family is giving notice to vacate. I don’t really investigate it too much. I always follow up with a text message no matter when someone gives notice to vacate, but I don’t require them to give it on the portal, as long as I have it in writing
Notice is notice. If your tenant is in some third world county feeding orphans and can only email you a 30 day notice on AOL with a dial up connection are you going to demand they drive to the nearest fedex with a fax machine to sign your form?
it seems your question may really be 'How do you affirm the notice is represented by all leaseholders? Or does it not matter?"
All lease holders should sign the written notice,, this ensures the intent for the unit to become vacant.
when I starting sending out renewal notices at 120 days, the letter states that our form needs to be filled out, and I keep using that to get people in to sign them. in 5 years, have never had anyone give me notice any other way. you have to train them. if you want them to sign the form, make it the only option. if you are going to let them submit their own, then you will have to be inventive to get all the leaseholders to sign it together, and be prepared for the chase after if they don't all sign at the same time.