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Home > Law > Real Estate Law   »   how do I give a 3-day eviction notice?

 
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Old Jun 9, 2007, 01:39 PM
nicegirl411
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how do I give a 3-day eviction notice?

My daughter (who has been diagnosed as biolar) has been renting a room in a family-owned home, along with two roommates. She has gone through four roommates in less than two years due to her inability to get along, harrassing other roommates, etc.

We are now planning to sell the house and will give each tenant a 60-day notice. However, my daughter is refusing to leave and is threatening violence and legal action against us. Since she qualifies as a nuisance, we plan to give her a 3-day eviction notice. What are the steps that we need to take?

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Old Jun 9, 2007, 03:06 PM   #2  
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Write her a notice and have a witness to your giving it to her.

When she ignores it ( plan on her doing that) you will have to go down to the county and file a formal eviction with the court.
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Old Jun 9, 2007, 05:57 PM   #3  
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In my state I can pay the Sheriff to take notices to people (it's about $12), which means the individual does not have to actually take the notice in hand to be served. The Sheriff goes to the house, tapes the notice to the door, and I'm good to go in the eyes of the court. This avoids the problem of the person refusing to answer the door, saying, "I never got it" and so on. A quick call to your local Sheriff's office will let you know if this is an option. Now, to be clear, this is NOT a formal eviction notice, but rather a "get out of my house" notice. To file for eviction and get a court date (in my state) there is additional action required AFTER the notice is served.
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Old Jun 9, 2007, 06:04 PM   #4  
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Where I live, the managers use the County Sheriffs Department. The Sheriff or the Deputy Sheriif comes to the door with a notice of eviction and tapes it on the door. That usually does take care of things. If your daughter refuses, even after that, then it is court time.

Since she has the diagnosis of bi-polar, does she have a mental health casemanager? She should also have a psychiatrist. If you are allowed to speak to either one of those people, it might be helpful. Perhaps they do not know what is going on with her. Of course, she has the right to privacy, but if she has allowed her information to be shared with you, then talk to these people. Maybe they can reason with her.
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Old Jun 10, 2007, 06:22 PM   #5  
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Thanks for your help. She does have a doctor who is aware of her issues. There are other family members on her father's side who are also aware, however everyone is fed up with her and wants minimal involvement. Since her father (my ex) talked to her last, she has agreed to leave. I won't pursue a 3-day unless she becomes threatening again. I guess that will involve the courts. Anyway, thanks for helping.
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