Receipt of notice — How do landlords secure proof?

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Introduction: Why is access so important?

No matter how well-founded and formulated, a notice of termination is of no use if the tenant never verifiably receives a letter. In the event of a dispute, the proof of access determines whether the termination is effective — or not.
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The burden of proof: Landlords must prove access

In the process, it is always the landlord's duty to prove that the tenant has actually received the letter of termination (to the address specified in the rental agreement!). Doubts are borne by the landlord.
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Overview of secure delivery methods

• Subjection registered letter: Very tried and tested. The post office documents that a letter was placed in the recipient's house mailbox.
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• Delivery by witnesses (Messenger): A neutral person interjects the letter and documents the day/time. Particularly safe when taking photos.
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• bailiff service: Maximum security, but costs.
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• NONE Fax or e-mail — they do not fulfill the written form when terminating the apartment.
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• Registered letter with return receipt: The recipient can refuse — access may then not be proven, which is why you SHOULD consider the instructions on the SUBMISSION LETTER (see below)
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Checklist: How to make access verifiable

• Always in writing with original signature!
• Rely on registered letters or witnesses upon delivery.
• No registered letter return receipt for delivery of the notice — the tenant does not have to accept it himself!
• Record the date and exact time (possibly photo of the envelope in front of the mailbox).
• Use exact address information (main place of residence, all addresses if there are several tenants!).

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Cancellation by SUBMISSION LETTER. The delivery receipt and proof of delivery via a shipment tracking number alone is not sufficient. It is important to note this:

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You choose to cancel by letter as the safest form of proof of access. Always call in the help of a witness who can confirm that you have put the handsigned letter of termination in the envelope and sent this envelope by drop letter. In the event of a dispute, you must be able to obtain witness evidence that the witness can confirm That you have the enveloped letter of termination (and not just any other letter) And that sealed envelope (not just any other envelope) by drop in letter.

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Please be aware of this: The mere possession of a proof of consignment and proof of delivery of the letter based on the shipment tracking number is not yet sufficient as factual evidence to prove that you have submitted a letter of termination signed by yourself to this shipment tracking number. If the opponent denies this, you are in need of proof.

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Document the delivery using the shipment tracking number in the online portal and take a meaningful screenshot of the delivery message. You may need to provide this screenshot in an eviction lawsuit.

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What to do in case of delivery problems?

• Unable to deliver mail (e.g. unknown delayed)? Always try a replacement delivery immediately, if necessary by bailiff.
• Replies to the letter? Attention! The notice period was then NOT yet triggered. Therefore: immediately initiate a new delivery procedure. You may be at risk of missing important deadlines or The right of termination may be FORFEITED!

Practical tip for landlords in Telgte/Münsterland

Always have receipt of your cancellation confirmed — this saves a lot of money in case of doubt! In the Telgte and Münsterland area, attorney Depenbrock will assist you in providing legally secure delivery and evidence and will relieve you of the multitude of the above-mentioned imponderables and pitfalls!

Cover photo: Getty Images

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