From: McGrath Law Office, P.C.
Landlord’s Thirty Day Notice
December 21, 2011
RE: Termination of your Lease for property located at [address given]
Dear Don:
I am writing to you about this matter. I am the attorney for ATG Trust Company, Successor Trustee of the Vance Family Living Trust. The purpose of this letter is to collect a debt and any information obtained will be used for that purpose. The Notice that you are entitled to under the Fair Debt Collection Practice Act is enclosed. This communication is from a debt collector.
As you know, the Vance Family Living Trust owns the house that you occupy located at [address given]. You were allowed to occupy the property by [individual given], as Trustee of the Trust, for purposes of providing personal assistance to [individual given]. Due to [individual given]’s health she can no longer live at the house. Therefore, she does not need your services. Thank you for providing prior services to [individual given].
You are hereby notified that your Landlord has elected to terminate your Lease and you are hereby notified to quit and deliver up possession of the premises to your Landlord within 30 days after receipt of this notice. The reason your lease is being terminated is because [individual given] no longer needs your help due to the fact that she has moved into a nursing home.
If you have any questions please do not hesitate to contact me. In the event that you do not move out as required, your Landlord may seek a forcible entry and detainer action against you through the Circuit Clerk of Tazewell County without further notice to you. This will only add to your difficulties since your Landlord will then seek a court order to have you evicted a court order for you to pay the court costs. I look forward to your prompt and immediate attention to this matter by moving out within 30 days from your receipt of this notice. Thank you very much.
Very Truly Yours,
[name of the attorney]
Enc. Federal Fair Debt Collection Practice Act
c.c. ATG Trust Company, Attn: [name of an individual]
I decided to leave out some names and addresses. The rest is as received although I left out a few incidental items. I may post tomorrow my responses to this letter. I haven’t decided yet.
Several things:
1) I never had a lease and therefore by definition I could not break a lease.
2) I never had a lease debt so there was never a debt to collect in relation to the lease.
3) I was never “allowed to occupy the property ... for the purposes of providing personal assistance to [individual given].”
4) The letter was received January 5, 2012.
