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How to Shoot Yourself in the Foot with a 90-Day Notice to Vacate by Over-Emailing the Landlord’s Lawyer
When you’re served a 90-day notice to vacate, emotions can run high—especially if you feel the notice is unfair or disruptive. In these moments, it’s natural to want to push back, explain your side, or seek clarification. But one of the most common ways tenants unintentionally undermine their own position is by excessively emailing the landlord’s lawyer.
Here’s how that can backfire—and what you should do instead.
1. You’re Giving Them Free Information
Every email you send becomes part of the record. You might think you’re simply clarifying a point or expressing frustration, but every word you type can potentially be used against you. Details you disclose—about your finances, intentions, or actions—can weaken your negotiating power or create inconsistencies if legal action is taken.
2. You Risk Looking Unreasonable
Lawyers are professionals. If you flood their inbox with multiple emails per day, repeat the same arguments, or vent emotionally, it can damage how you’re perceived. Even if you have valid points, overcommunication makes it easier for the other side to paint you as uncooperative, erratic, or hostile.
3. You’re Not Talking to a Neutral Party
It’s critical to remember that the landlord’s lawyer works for your landlord—not for you. They are not obligated to help you, explain the law, or protect your rights. Every time you engage, you may be giving them more ammunition rather than building your case.
4. You Might Waive Important Rights
In some cases, excessive or careless communication can be interpreted as acceptance of the terms, waiver of rights, or even harassment. For example, if you suggest you’ll leave early “just to avoid problems,” that might be taken as a binding statement. If you threaten legal action without basis, it can damage your credibility.
So What Should You Do?
- Stay calm and strategic. Resist the urge to respond to every email or perceived slight.
- Keep communications professional and minimal. Limit yourself to essential points, and avoid emotional language.
- Get your own legal advice. If you feel the notice is unjust or need help negotiating, find a tenant-rights lawyer to represent your side.
- Document everything. Save copies of all correspondence—but don’t add to the record unnecessarily.
In short, when dealing with a 90-day notice and legal communication, less is often more. By over-emailing the landlord’s lawyer, you may feel like you’re taking control, but you could actually be digging yourself into a hole. Stay focused, be smart, and if you need help—get your own lawyer.