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after a three day notice snd the person moves out can they still be evicted ?
Isn't the point of eviction to get them to move out? If they've moved, then there's no one to evict. Or did you mean to say "the person does not move out"?
You have to file an unlawful detainer action in superior court to get them out after the 3 day notice. You really should consult an attorney at that point.
Quote:
Originally Posted by jaindow
When you serve a 3 Day Notice it does NOT mean that at the end of the 3 days the tenant has to be out. You serve the notice and at the end of the designated time, if the tenants have not paid what is due then the landlord can legally move forward with the formal eviction process.
The purpose of the Notice is not to make the tenant leave at the end of the designated time, it is to demand payment and warn the tenant that without full payment in the designated time the landlord is about the take action (i.e., start eviction) and depending how the Notice is written it may stipulate that the tenant will be responsible for court costs.
Ditto - when I worked with sole practioners I got to do it all, from paralegal work to process serving and the lovely job of bailing people out of jail. Posted plenty of these in the days for clients of my boss (attorney)
My neighbor was given a 3 day notice to pay or quit around the first of the month and now has all of her rent but the wont take it and have proceeded with legal action, what can she do and when does she have to be out
My neighbor was given a 3 day notice to pay or quit around the first of the month and now has all of her rent but the wont take it and have proceeded with legal action, what can she do and when does she have to be out
The legal actions depend on the locality. She should definitely show up in court, and she should consult a lawyer or legal aid if she doesn't understand her rights.
Im not sure if this will make it to the right person ? But any help I can get is really really appreciated. Thank you in advance. I have a land lord that has been collecting rent and not paying the Bank for over a year. I found out by a notice on the door. Sale is in two weeks. I told him Im not paying rent to him any longer because he owes me my deposit back. He says oh dont worry you will get your deposit back and also the bank gives you a lot of time to move and you get to live rent free if my negotiations dont work out in a few months . And the real funny thing is that even though the Auction is in two weeks (June 16th 2010) that he says he is still negotiating with the bank and still gets to collect rent from me for up to 3 months after the sale. He says if I dont pay ? He will evict me and my family with a three day notice. Now I know that most of this is a lie because I am not stupid. This guy is a crook and he is trying to bleed the rent or actually bleed me. But how do I know for sure ? Is there some sort of docs proving he has no power after the auction and is there a way I can file a law suit against him for putting my family through this ? Any help would really be appreciated. Thank you. My email is Kevydean007@yahoo.com
Im not sure if this will make it to the right person ? But any help I can get is really really appreciated. Thank you in advance. I have a land lord that has been collecting rent and not paying the Bank for over a year. I found out by a notice on the door. Sale is in two weeks. I told him Im not paying rent to him any longer because he owes me my deposit back. He says oh dont worry you will get your deposit back and also the bank gives you a lot of time to move and you get to live rent free if my negotiations dont work out in a few months . And the real funny thing is that even though the Auction is in two weeks (June 16th 2010) that he says he is still negotiating with the bank and still gets to collect rent from me for up to 3 months after the sale. He says if I dont pay ? He will evict me and my family with a three day notice. Now I know that most of this is a lie because I am not stupid. This guy is a crook and he is trying to bleed the rent or actually bleed me. But how do I know for sure ? Is there some sort of docs proving he has no power after the auction and is there a way I can file a law suit against him for putting my family through this ? Any help would really be appreciated. Thank you. My email is Kevydean007@yahoo.com
You need to consult with an attorney that can review your lease and knows your local tenant laws.
I am serving my tenant w/ a 3 day quit or pay this wk. I raised the rent allowable March 1st b/c of excessive energy consumption. She refused to pay increase, but said she was leaving. Still not gone. Now she wants to use damage dep. as a mth rent & has only pd half mth w/ her mth 1/2 written note. to leave.
Can I file my 60 day against her the same time as the 3 day? Or do I have to wait the 5 bus days b/f serving her that?
Can I quit or pay the full rental increase amount on this or only what she has been paying/I have been accepting based on verbal that she leave.
THX in advance - boy, there are no laws protecting the landlord I am finding. I'm just renting out my house to cover the mortgage after my fiance died.
I am serving my tenant w/ a 3 day quit or pay this wk. I raised the rent allowable March 1st b/c of excessive energy consumption. She refused to pay increase, but said she was leaving. Still not gone. Now she wants to use damage dep. as a mth rent & has only pd half mth w/ her mth 1/2 written note. to leave.
Can I file my 60 day against her the same time as the 3 day? Or do I have to wait the 5 bus days b/f serving her that?
Can I quit or pay the full rental increase amount on this or only what she has been paying/I have been accepting based on verbal that she leave.
THX in advance - boy, there are no laws protecting the landlord I am finding. I'm just renting out my house to cover the mortgage after my fiance died.
The tenant laws vary from state to state. You need to consult with someone who knows your laws. You can also try posting in the City Data forum for your local area.
Why does no one look up the statutes for their location? If you can use the computer, you can look that up. It's easy with Google. THEN, when you don't understand, at least you have a basic idea of what's required FOR YOUR STATE/City.
It's difficult to give advice to someone when the state of the property isn't mentioned.
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