JoLea,
Great question. The green card for certified mail is not required by the statute (hasn't been since 2012), so that is something that members would use just because they believe it is a better way to prove up notification to the tenant.
Chapter 59 requires the claim notice be sent via verified mail, which means any type of mailing that provides evidence of mailing (i.e. a receipt of some kind), or via email if the tenant provided an email on the lease and your TSSA lease is at least as new as the 2012 version, which is when that language was added.
The days of the green cards may be fading away, especially if the tenant or someone in that household isn't even signing it when the letter is delivered.
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Ginny Sutton
Executive Director
Texas Self Storage Association, Inc.
Round Rock TX
(512) 374-9089
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Original Message:
Sent: 02-16-2022 11:30 AM
From: JoLea Conn
Subject: Covid 19 as signature on Certified Mail
This is the first time I have seen this...the green card from a certified Notice of Claim came back signed Covid 19 and the Agent box checked. I did a quick google search and see this started with the pandemic. The USPS said that the mail carrier could sign for the person they were delivering to in order to maintain "social distance". Which seems weird since they still have to hand them the envelope, but no sense arguing that point. Anyway, my question is...can I still consider that the tenant's signature and auction this property legally according to our TSSA lease?
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JoLea Conn
OnSite Manager
ALL*STAR STORAGE
Richmond TX
(281) 341-7867
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