Chapter VIII: The Notification Process

A word about Notices. Firstly, whenever I say that you need to give written notice to the landlord, you need to follow what I call The Process. The Process consists of

1) Drafting and signing the letter that you are going to send;
2) You must then make a photocopy of the signed document (it is not enough just to keep a copy on your computer);
3) Send the original to the landlord via certified mail, return receipt requested. This means that the landlord or someone who works for him must sign for the letter. The green certified mail return receipt will then
get sent back to you;
4) You will then staple the return receipt to the photocopy that you kept behind; and
5) store the letter at a safe place like your parents’ house.

The Process yields you two important advantages. The first and obvious advantage is that you can prove that your landlord got the notice. But the second and equally important advantage is that you can prove exactly when your landlord got the notice. “When” is important when you have a thirty day time line to consider. You should count the thirty days from the day after your landlord got the notice, not the date that you mailed it. For example, if your landlord got the notice on January 15, then he should have until February 16 to remedy the condition. If you fail to follow The Process, you may still win, but you give the landlord a chance to beat you if he gets in front of a sympathetic judge.

Sometimes your landlord, if he is a real dirtbag, will duck his certified mail, and the return receipts will come back to you marked either “refused” or “unclaimed.” If this happens, don’t worry. Just send another copy of the letter out by registered mail. This is a step down from certified mail, and it is basically a certificate of mailing from the post office showing that you mailed it on a certain date. Very few Judges will believe that the landlord never got such notice after he refused it once, then claims that the Post Office must have lost the registered mail.

A. The Importance of Notice in Writing

There are cases in Ohio that say that the notice about the problems must be in writing. There are also cases that say that the notice may be in writing, but a writing is not required if the landlord had actual notice of the problems. Why take a chance that you are in an appellate jurisdiction that requires a writing? How hard is it to write a letter and keep a copy? Be on the safe side of this issue. Follow The Process.