I am late for my rent and a warrant will be file soon. Can I give a 30 day notice to prevent the filing?

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

Not legally. In most areas (Note ANY question on law needs a general locale as laws vary by area) the landlord can give a 3-10 pay or quit notice. If payment in full is not made within that time the landlord can file for an eviction order. I assume that's where you are.

You can appeal to the landlord and ask for time to find a new place, but the landlord is under no legal obligation to grant it.

I agree with Scott's answer. Giving the landlord a 30 day notice will not affect the process.

As far as a "warrant", I'm not sure what you mean by warrant, but I normally think of a warrant leading to an arrest. Everywhere that I know if evictions are just a civil matter. You won't be arrested. You'll just be served notice that the landlord has initiated an eviction & probably be given a hearing date that you can appear before the Judge. If you haven't paid (can't pay) there's little you can do to stop the eviction.

Here is the "Real" answer.

As a landlord - I just want your rent to pay the bills. If you are not going to pay rent - just simply leave. I will not file for an eviction if someone leaves - it would make no sense.

However, that does not mean I will not go after you for money due. It simply means you will not have your name tied to an eviction (which are all online nowadays). I DO NOT rent to anyone who has had an eviction - so just keep that in mind.

here is the "Real" answer.

As a landlord - I just want your rent to pay the bills. If you are not going to pay rent - just simply leave. I will not file for an eviction if someone leaves - it would make no sense.

However, that does not mean I will not go after you for money due. It simply means you will not have your name tied to an eviction (which are all online nowadays). I DO NOT rent to anyone who has had an eviction - so just keep that in mind.


This is a legal board. Please keep your answers strictly legal and quote a source. What you would or would not do is not necessarily lawful or helpful.

- And that's the legal answer.

here is the "Real" answer.

First, as noted, we give LEGAL answers here. Those are what is real, not what you as a landlord would or wouldn't do. Second, the OP asked if he could forestall an eviction proceeding by giving a 30 day notice. As a landlord would you give him 30 more days of possibly free rent just to avoid going through an eviction? Yes, if the tenant immediately vacates there is no reason to proceed with an eviction. But that's not what the OP asked.

My answer was correct for most jurisdictions. Giving a 30 day notice will not stop the eviction process unless the landlord agrees to it. So before you criticize other people's answers you better be sure they aren't correct.