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Does a landlord giving you an exaggerated 3 day pay or quit notice break your lease agreement?
Scign84
You can leave at anytime if you forgo your deposit, paycheck or any vacation or back pay. Rental agreements usually have 30/60/90 day notification agreements. If you leave before the end of your lease, even with notice most places will expect you to pay up for the remainder of the lease. If you are in the military, rules may be different, but there is still an expectation that you will pay for the month that you leave and give notice. For work, two weeks' notice was the old standard. However, in these times of layoffs, employees with companies at risk are cutting the notice if they have a job that will start before then.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoThe answer is basically no. A3-day notice is given to anyone who doesn't pay his rent on time, regardless of whether a lease is executed. The three day notice is given as a legal requirement before any eviction proceedings can begin, and the notice must be properly prepared. Generally the three day notice must give three business days -- that is, three calendar days plus any weekends and holidays -- from the day the three day notice was prepared, and must have the proper deadline date.
The improper service of that three day notice does not breach the lease agreement in any way. However if it is improperly served then the case may be dismissed and the landlord will have to start the proceedings, including another three day notice, over again.
It is unclear what you mean by exaggerated, but if there is a flaw in any way of that three day notice it can be brought up as an issue to the judge. If you are defending yourself from an eviction proceeding, don't forget that, depending on your state, you may have to pay the rent to the Clerk's registry while the case is being argued. If not, your case may not be heard by the judge and the landlord may be entitled to a default judgment for eviction.
Wiki User
∙ 14y agoSure, if the landlord takes the proper steps: the Landlord must file eviction proceedings to continue the steps for removing the tenant, but he cannot take it upon himself to do so.
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How much notice does a landlord have to give a tenant who has violated the existing tenancy agreement?
Usually two weeks notice, but it depends on the agreement.
If your landlord sells your house can the new landlord raise your rent?
The new owner must abide by whatever agreement is in force. If there is a lease he cannot change any of the terms except by mutual agreement. If you are month-to-month he can only do this after giving you a proper written notice and anywhere from 30-90 days warning in advance, this allows you to either pay the new rental agreement, or look for another place to live. If this was not done, i'd recommend talking to a lawyer.
What happens if a landlord loses a rental agreement and the tenants have broken the lease by not paying?
If the rent is not paid, you need to serve a notice to quit. It doesn't really matter whether you have the lease.
How can you be legally terminated from a joint responsibility month to month rental agreement when your roommate refuses to end the agreement also?
Any of the three parties can terminate the tenancy at the end of the next month, with notice this month. Then, one roommate can sign a new agreement with the landlord, without the other tenant.
Do you have to pay rent if the apartment has a problem?
You do if you have a lease agreement or f you stay in the apartment when you have no lease. There are conditions under which you can withhold rent, but these conditions vary from state to state and all require formal notice to the landlord about why the rest is withheld .
Is a landlord exempt from giving 30-days notice stated in the lease agreement to a tenant if the property is about to be sold at foreclosure?
No. If the property is about to be foreclosed, the landlord has no obligation to give the tenant any notice of anything. After the foreclosure, the landlord will have nothing to do with the tenant.
How much notice does a landlord have to give a tenant who has violated the existing tenancy agreement?
Usually two weeks notice, but it depends on the agreement.
Tenant rights if my lease has expired and I am giving the landlord a 30 notice to vacate,can I be ev?
Tenant rights if my lease has expired and I am giving the landlord a 30 notice to vacate,can I be evicted?
How long does landlord have to give you notice if your lease is ending?
If it doesn't say in the lease, then they don't have to give any notice.
Im giving notice to break lease Landlord says 60 days Can you give notice in the middle of the month say 15th and does 60 days start from there or from end of monthThank you?
Usually the 60 days start when the landlord receives the notice.
Complaint to Landlord?
Get StartedBefore sending a written complaint to your Landlord, you should examine your lease carefully for a clause that allocates the Tenant's and Landlord's respective obligations regarding maintenance and repairs. Your lease agreement may provide, for example, that the Tenant is obligated to maintain the interior and paint, while the Landlord is obligated to maintain the plumbing, heating, and electrical wiring. Before making a request to the Landlord for maintenance and repairs, you should make sure that your Landlord is obligated to make such repairs under the terms of the lease.In order to obligate your Landlord to make a repair or resolve a problem with the leased premises, the Landlord must know about the problem. Notice to an agent or employee of the Landlord is considered notice to the Landlord. However, it is advisable to send your notice directly to the person or entity listed in your lease agreement as the party designated to receive notices from the Tenant.The best way to give a Landlord notice is to send written notice to the Landlord or his or her agent by registered or certified mail. Proof of mailing insures that the Landlord cannot later claim that notice was not received.You may also contact the Landlord by telephone to describe the problem. However, you should follow up the telephone conversation with this letter. The Landlord must have a reasonable amount of time to fix the problem.
Can you be charged a hole months rent if you moved out and did not put in a 30 day notice?
It depends on the rent agreement you signed when you moved it. Usually you have to give a set period of notice BEFORE you move out. If YOU waive or break the notice period, you should expect to be charged for it. The reason for giving your landlord notice - is to give them time to advertise for a new tenant, so he doesn't lose out on rent while the property is empty.
Can a landlord remove somebody without a tenancy agreement?
I am assuming you mean that there is a cause for eviction (non-payment of rent, unruly behaviour, etc.) If so, then you will need to (retain an attorney to) file an unlawful detainer action against the tenant. Note that a 3 day notice is required before filing such a lawsuit--talk to your attorney for more info.
Does a landlord have to give notice before raising the rent in Long Island NY?
If it is not in the written agreement then yes they must notify you within 60 days but if it is then no they do not have to.
Do you need notice from your landlord if she does not intend to renew your rental agreement?
only if the lease has a statement that your lease is automatically renewed unless the tenant does not wish same.
If your landlord sells your house can the new landlord raise your rent?
The new owner must abide by whatever agreement is in force. If there is a lease he cannot change any of the terms except by mutual agreement. If you are month-to-month he can only do this after giving you a proper written notice and anywhere from 30-90 days warning in advance, this allows you to either pay the new rental agreement, or look for another place to live. If this was not done, i'd recommend talking to a lawyer.
Can landlord personally serve tenants with the 3 day notice?
Yes, the landlord can - either by posting on the door or by handing notice to you. But to have better documentation, the landlord should send the notice by certified mail.
