Monday, October 31, 2011

Tenant Record Keeping

A tenant called me one day because he believed there was a problem with the furnace/heat pump in his unit. He was paying for his own heat, pursuant to a written lease which is legal. When I spoke to opposing counsel, he questioned whether the tenant had given notice in writing. Fortunately, my client had. No matter how friendly you might be with your landlord, make sure that you put your complaints in writing. It does not have to be a certified letter, served by the constable; a simple email will do. You can even call first and follow up with a confirmatory note or email. If you put a note in with your rent, keep a copy of the note. Sticky notes on the rent check will get easily lost and it is hard to prove you actually gave written notice without a copy.

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