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Old 10-05-2010, 01:40 PM
 
1 posts, read 5,032 times
Reputation: 11

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I just paid my rent on the 1st of the month and yesterday we received a 3 day notice to vacate. Could I get my money back for this month? If I could it would make it a lot easier to move out in 3 days but if not, we need at least 2 weeks until we get paid again...
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Old 10-05-2010, 02:00 PM
 
Location: Boise, ID
8,046 posts, read 28,472,904 times
Reputation: 9470
Was the 3 day notice for non-payment (as in they didn't realize you had already paid, and made a mistake) or was it for a major violation of some other term of the lease? Most states have a limited number of things you can be given a 3 day notice to move for.

If it was for nonpayment, then it is just a mistake and you need to go talk to your landlord. If it was for a lease violation, and you are willing to move quickly without need for further legal proceedings, you could ask the LL to give your your money back, and they may do it if they can see you are cooperating. However, legally, they probably only have to return it with the deposit, which is usually either 14 days or 30 days after you vacate, depending on your state.

*Edit* Either way, you won't get the whole month back, since today is the 5th, and you will be in a few more days, so at best you would get 3 weeks worth back. If there were legal fees involved with serving the eviction, those might be withheld, again depending on state law. Alternately, they might be held from a deposit.
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Old 10-07-2010, 08:13 PM
 
Location: MID ATLANTIC
8,674 posts, read 22,913,903 times
Reputation: 10517
If you paid your rent, in most jurisdictions, 30 day notice is required before a tenant can be forced out. Notices to vacate are typically from the bank that has taken control of the property in a foreclosure. Eviction notices are for non-payment. Most banks faced with tenants are offering cash settlements for an early move. It's with a telephone call, maybe a sit down appointment, with an attorney.
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Old 10-10-2010, 06:37 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,884,909 times
Reputation: 2771
The notice has to have a reason to vacate. Read it and see if it is an error. If your in a complex, your rent may not be credited correctly. If it is for a lease violation, the usual and customary is 30 days. It also sounds like you ready and willing to move. Plan to be out by the end of the month.
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Old 10-10-2010, 07:05 PM
 
27,214 posts, read 46,736,758 times
Reputation: 15667
If it was for a lease violation then they should have given you a 7 days notice (that is how the law is in FL).

3 Days Notice is for non payment...either it was a mistake or something else is going on that you aren't disclosing.
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Old 10-11-2010, 09:37 AM
 
6,034 posts, read 10,681,732 times
Reputation: 3989
Was the payment you made for this month, or were you behind in your rent and gave them a month's rent that you're just calling this month's rent?
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Old 10-11-2010, 10:24 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
The OP posted on the 5th and it's now the 11th so I'm assuming there were other issues involved which the OP didn't divulge ...
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