Log in

View Full Version : Can landlord put me out on 3 day notice?


Lyndie
Nov 11, 2011, 07:28 PM
I received an eviction notice today & it said that I have to be out in 3 days. I'm very angry & scared because I left a voice message at the rent office telling them I'd pay the rent * late charges also at the end of this week (7 days late on rent). Please tell me that this isn't something final! They can't just put me out on three days notice can they? My 6 month lease is officially up on the 30th of this month (November) please help! Lyndie

ScottGem
Nov 11, 2011, 07:37 PM
What you got was NOT an eviction notice but a vacate notice. Commonly called a pay or quit notice. Your rent is late, and informing them that you will be paying late doesn't preclude them issuing a pay or quit.

If you do not pay or vacate within the three days, then the next step for them is to file for an eviction order. This will generally involve a hearing where you can show cause why an order shouldn't be issued. Being able to bring the account up to date will usually be enough. Especially if you tell them you plan on vacating at the end of Nov.

Did you give notice that you did not plan to renew?

Lyndie
Nov 11, 2011, 07:54 PM
GOD bless you ScottGem for the speedy response! I'm over here shaking because I'm that upset! No... didn't give notice that I'm not planning to renew.. but I started a new job recently & had to work a week in the hole... *why 7 days late paying. However I DO want to start doing month to month leasing in December! With the economy being what it is, don't feel comfortable locking in another contract right away! SO if I'm able to give them the rent plus late fees tomorrow,do you think that I'll be all right?

ScottGem
Nov 11, 2011, 08:18 PM
First, to post a follow-up use the Answer box, don't start a new thread. I've merged the threads for you.

Second, you need to read your lease. It may have an automatic renewal clause or may require notification of non renewal. If the lease ends 11/30 and you haven't given notice yet, you may be on the hook for December as well.

What does the notice you received say EXACTLY?

Lyndie
Nov 11, 2011, 08:29 PM
Oh Thanks a bunch for merging the threads... I'm kind of new to this site! I'll double check my lease because I did in fact copy what I signed. I appreciate your input! Notice says: NOTICE TO LEAVE THE PREMISES This is to inform you that, on or before the 14th of November 2011 you must vacate the premises that you now occupy for following reasons *non-payment* If you have not vacated the above described premises by that date, then an action to evict you will be commenced. NOW I can see why you said this was a vacate notice! Still hoping I can go ahead with the month to month after paying them tomorrow if they'll take it!

ScottGem
Nov 12, 2011, 06:25 AM
What is your general locale, by the way? Laws vary by area. Generally a short term vacate notice like this is for some breach of the lease, usually non payment. Generally the law gives you the right to repair that breach within the time frame. How do you plan on paying? I would definitely make out a check or purchase a money order. If you use a check I would print out a balance statement from your bank showing there was money to cover the check (or make it a certified check).

If this is a large apartment complex, they are probably just going through procedures. Tenant is late, issue pay or quit. You pay, everything is forgiven until the next time. If you are a chronic late payer they may pursue other remedies. My point here is you don't want to live in a place where the landlord doesn't want you. If it's a large complex, this was all impersonal so you can plan on staying.

Landlords don't always like month to month tenants, so you really need to know what you lease says about renewals.