An eviction notice, additionally known as a notice to quit or notice to vacate, is used by landlords to place irregular tenants on notice that they need to leave the unit. The tenant may also able to stay if they cure the problem in the notice to quit.
If you are unable to pay your rent, your landlord has to do certain things before you can be evicted for not paying. The landlord should take to give you a three-day notice requiring you to pay rent or move in the first step, a three-day notice to vacate that every tenant should know. The landlord may deliver the notice in person, tape it to your door or mail it to you. When the landlord mails a notice or request payments to be sent to P.O. Box, they must add a few days to the deadline to allow you to pay.
The three-day notice must be in writing to tell you that you did not pay rent when it was due, show you the exact amount of rent and include the name, address and telephone number of the landlord. He has to give you a three-day notice to pay the rent or quit. Those three days will not count weekends or holidays or if the court clerk’s workplace is closed, or that day when the notice was delivered to your house.
The notice will only demand payment of rent. Extra charges for late fees, security deposits and repairs are sometimes not allowed unless your written lease agreement says that it will be considered off rent. Your landowner must accept the rent if you provide the whole quantity in these three-days time. Make sure to get a receipt and bring a witness. Once the landlord agrees with the rent, you should not be evicted.
If you only made a partial rent payment, you might receive a new 3-day notice again which means you have only three more days to make the full payment before an eviction can begin. If your landlord is ready for your removal from his property, you will receive a copy of the eviction papers. The lawsuit must be served to you if you cannot be found for service. Your landlord needs to take a copy of the trial to your door. A similar copy will also be mailed to you by the clerk’s office.
Once you are served the eviction papers, you will have five days to file a response at the clerk’s office or else the judge can evict you even without a court hearing. As usual, these five days do not include weekends holidays or the day you are served with the summons and complaint. When you file a response, you must also deposit the rent owed to the court clerk. You may still be evicted if the rent is not collected that way.
However, if you disagree with the amount of the rent which the landlord says that you owe to him, you must file a document with a court called a motion to determine rent or file an answer inside the 5-day deadline. Your landlord should attach your receipts to your response to the lawsuit if you have already paid the rent claimed.
You should not add any amounts that are not rent, like utilities, security deposits, late fees or different costs. If your lease contains that as extra rent, you should pay a late fee. The late fee will also be included in the rent if it is paid late after the given three-day time. The court will notify if a hearing is necessary.
It implies when they have to pay the late rent entirely inside deadline, or they will be served an eviction notice If a tenant has been issued a three-day notice to pay or quit. The tenant does not have any rights to go against pay or quit notice if they are late on rent unless the unit was not livable for some reasons.
However, if you do not pay the amount owed or file the motion to determine rent within the next five days. The judge can evict you from your rental house without any hearing. You will be served with a writ of possession, and you will have to move within 24 hours if that happens.
It is illegal if your landlord tries to evict you without filing a lawsuit. A landlord can not turn off the utilities, change the locks, or restrict your access to the property to get you to move out. If you feel that you need support or have any questions about your rights, you can read this To Learn More about it or contact a legal attorney.