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What happens when the rent check that I sent was lost and the landlord sent an eviction notice to move out in 1-5 days?
Wiki User
∙ 6y ago
Talk to him. Ask for a few more days while you place a 'stop check' on that check and reissue another one.
Wiki User
∙ 6y ago
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Is an eviction notice with white out on it legal?
An eviction notice need only be served. If there is white out on it, that may mean it was tampered with. The landlord can testify that he made a mistake and whited it out himself, which would cause the notice to stand.The only time something may be held unenforceable by reason of tampering or alteration is a mutual contract. An eviction notice is not a contract as much as it's a formal notice for you to leave.
Once you receive an eviction notice for not paying rent how much time do you have before they kick you out?
It depends on whether you have received a section 21 notice or a section 8 notice. Both notices advise you of when you need to vacate the premises by. Once that date has passed the landlord may apply to the courts for an eviction notice - these normally give you 14 days but the date will be stated on the documentation.
What are the rights of landlord if tenant not ready to move out at the end of a lease?
That depends on the laws of the state the property is in. In Massachusetts, the natural termination of the lease is notice to leave, and the landlord can have a Summons & Complaint served the next day (in fact, if they have reason to believe that the tenant will not be leaving, they can have it served in the last 30 days). You need to check the procedures for eviction in your state.
How can you evict your 28 yr old daughter for smoking weed in your home?
Check the Landlord-Tennant laws in your state and municipality. It is possible you will need to serve her with eviction.
Can filing for bankruptcy stop an eviction?
If the eviction is for nonpayment of rent, yes, since it is a debt collection procedure. The landlord or property manager would have to move for relief from stay to proceed. However, this varies from state to state and even from one bankruptcy court to another, so check with a local bankruptcy lawyer. Even if the eviction is not for past-due rent, the claim will include costs and lawyer's fees, so the landlord should move for relief from stay or wait, if it is a c. 7, until the case is closed. Make sure the landlord is included as a creditor to discharge any money owed to the landlord.
If you moved and never were served with eviction papers?
If you weren't served an eviction notice and the case did not go to court, there will not be an eviction on your record. You can check the court records in your county to make sure there isn't an eviction on your record.
Does a landlord have to have a reason to kick a tenant out?
Not really: a landlord can reclaim their property at the end of a lease-- no material reason needed-- or give notice to a month-to-month tenant (or week-to-week, if applicable).
In California you have been living at a motel over a year now and get a 3 day eviction can you fight it?
Possesion is 9/10 of the law. A three day notice to pay or vacate is not an eviction notice. If you ignore it, the landlord then has to file an Eviction complaint with the court of jurisdiction, serve you with it and then you have three days to file an answer in writing to the same court. You have to send the other party's lawyer a copy of the answer as well as file a certificate of mailing with the court stating you have sent the copy. At that point, the court will set a trial date or you and the landlord can work out a settlement. The Sheriff can't physically remove you and your belongings until the judge signs an order of eviction. This process can take weeks or months. Check your local laws for tenents rights as well. If there are minor children, the process is even harder for the landlord. If you withhold rent for a viable reason (bad living conditions, maintenance not completed etc) you must put that rent into an escrow account so you can show the judge that you did have the money to pay, but you were withholding for cause.
What is the remedy for a retaliatory eviction?
If you believe the eviction was retaliatory, then you must state that as an affirmative defense in your answer to the landlord's complaint for eviction. Since the laws can get quite complicated, I recommend you check with a tenant's rights group in your area for an attorney referral or look in the phone book for attorneys who give "free consultations."
What happens if your landlord misplaces your rent payment are you still responsible to pay them?
Check, yes. Cash, no.
If your tenant bounces a check for the last month of the lease and then does not want to move out what can you do?
Give them an eviction notice and if they still refuse then have the local sherriff remove them, forcefully if necessary.
I rented my condo to an individual and the rent and security deposit checks came back account closed. Tenant will not pay and keeps avoiding me.?
Sounds like a deadbeat tenant. SEE A LANDLORD-TENANT ATTORNEY IMMEDIATELY! You will need to serve a 3 day notice to pay rent or quit before you can proceed with an eviction. Check with your attorney on your state's law. If you do not have a landlord-tenant attorney, look for one in the phonebook who offers free consultations.
