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Notice Period
Before an eviction action can be filed, notice must usually be given to the tenant. The type of notice depends on the circumstances. If the landlord alleges that the tenant has violated a provision of the lease or rental agreement, such as by failing to pay rent or by disturbing other tenants, the landlord must give the tenant at least three days to correct the problem. If the tenant occupies residential premises and has lived in the premises for less than a year, the tenant must be given a minimum of 30 days' notice to vacate, assuming that the lease or rental agreement has expired. If the tenant has lived in the premises for more than one year, the landlord must provide at least 60 days' notice to vacate. If the tenant fails to vacate within the appropriate notice period, or fails to correct his breach of the agreement, the landlord may pursue an eviction action.
Filing and Serving the Eviction Lawsuit
The eviction process is commenced by filing a document called a complaint with the court clerk. After the complaint is filed, a copy of the complaint must be served on the tenant. Tenants often try to avoid service in an attempt to avoid eviction. In extreme cases, the complaint may be served on the tenant by posting a copy of the complaint at the tenant’s residence and mailing the tenant a copy, a technique sometimes referred to as “nail and mail.” However, a complaint cannot be served by this method without permission from the court. In some counties, this requires a court hearing, while in other counties some paperwork is filed with the clerk and returned to the landlord by mail after having been signed by the judge. How long this takes varies by the court’s caseload at the time.
Tenant’s Opportunity to Respond
Once the tenant has been served with a copy of the eviction complaint, the tenant must be given an opportunity to respond to the complaint by filing a “response.” A response can either be a motion that attacks the sufficiency of the complaint or notice, a motion that attacks how the notice was served, or an answer that responds to the substance of the complaint. A tenant has five court days to file a response.
Setting a Court Date
After the tenant has filed a response, or if the tenant failed to file a response, the landlord may request a court date from the court clerk. When the court date is scheduled varies greatly among counties, as not all court caseloads are the same. Generally, a court date will be scheduled within 10 to 20 days from the date of the request.
Delivering and Executing the Writ of Possession to the Sheriff
Assuming that the court found in the landlord’s favor, the court will issue a document called a “Writ of Possession,” which provides that the landlord now has the right to possession and directs the county sheriff to evict the tenant from the premises. The landlord must deliver the writ to the sheriff, who then posts a notice to vacate on the premises. Depending on the county, it usually takes the sheriff from 3 to 15 days to post the notice. The tenant is then given five days to vacate the premises. If the tenant fails to do so, the sheriff will return, usually within 6 to 15 days, and physically remove the tenant.
Well, not exactly. Today I got the 3 DAYS PAY OR QUIT Notice. It was just for $108 I withheld from the first 5 days after lease signing when I was still on my way to move into apt (yea, low rent for tiny cave i mean studio on crowded street), pending outstanding repairs for which I've given pages of maintenance requests over the past 1st 30 days.
Building inspector got just about every single apartment in this building! Of course, management is pissed as they should be, for they have so many neglected repairs to do.
Also Fair Housing called me, I dont even know where they got my # from. And they explained my steps of withholding: that I have to pay rent first, then have apt/building inspected, then only with a report of things that statutorily must be fixed, can I used that to withhold.
I didnt find a place yet, and management is threatening to hold be responsible for remainder of term (11 mos @ $650) as well as the attorney & legal fees to collect it anyways. So I am waiting to have a document in my hand showing constructive eviction, til I leave.
Well, not exactly. Today I got the 3 DAYS PAY OR QUIT Notice. It was just for $108 I withheld from the first 5 days after lease signing when I was still on my way to move into apt (yea, low rent for tiny cave i mean studio on crowded street), pending outstanding repairs for which I've given pages of maintenance requests over the past 1st 30 days.
Building inspector got just about every single apartment in this building! Of course, management is pissed as they should be, for they have so many neglected repairs to do.
Also Fair Housing called me, I dont even know where they got my # from. And they explained my steps of withholding: that I have to pay rent first, then have apt/building inspected, then only with a report of things that statutorily must be fixed, can I used that to withhold.
I didnt find a place yet, and management is threatening to hold be responsible for remainder of term (11 mos @ $650) as well as the attorney & legal fees to collect it anyways. So I am waiting to have a document in my hand showing constructive eviction, til I leave.
*looking*
The notice you got today is telling you that you have three days to pay the outstanding balance or they will begin formal eviction proceedings. You don't want that to happen. You don't want an eviction and or judgment on your record. It will make renting a lot harder and you'll end up being in the ghetto with a slumlord.
If you don't want to stay in the apt you need to get your rent current and then read your lease and see what it says about 'early termination'...and then follow it. It's better to do it that way, you want to avoid eviction at all costs.
The notice you got today is telling you that you have three days to pay the outstanding balance
or they will begin formal eviction proceedings. You don't want that to happen.
Well, certainly not before you find a new place to go.
Quote:
You don't want an eviction and or judgment on your record.
It will make renting a lot harder and you'll end up being in the ghetto with a slumlord.[/quote]
He's already in the ghetto with a slumlord.
I really don't see much downside in taking their offer "to let you out of your lease"
If that threat of eviction is actually followed up on after you accept their offer to quit...
when you apply in the future having the case numbers for the health dept and building dept
should be adequate cover to explain the situation.
The strategy is finding a GOOD place to move into NOW, one that you'll likely remain in for years.
Oh, nd doing that like *yesterday*.
Can you clarify, did you withold the rent BEFORE meeting the statutory requirement to have the buiding code violations documented? If you did withold prior to the inspection, you violated the law, voided the protection from eviction you would have had, and the landlord can legally commence eviction against you.
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