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    terrilb's Avatar
    terrilb Posts: 1, Reputation: 1
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    #1

    Feb 17, 2007, 08:46 AM
    Do my landord have to serve me with eviction notice
    My land lord said that if I do not pay my rent by 2/19 I will have to be moved out of my apartment by 2/28. Is this true? I have not received any formal eviction notice from my landlord. I have only gotten typed papers from the rental office. I am confused, please someone help me?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 17, 2007, 08:48 AM
    A landlord cannot evict you with going through some formal proceeding. That proceeding varies per location so you need to check the laws in your area.
    lil_pea07's Avatar
    lil_pea07 Posts: 75, Reputation: 6
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    #3

    Feb 17, 2007, 09:52 AM
    My opinion is that you HAVE to have and eviction notice. Otherwise that's like me coming up and saying you have to get out. But that's my opinion. It could be wrong. Good luck.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 17, 2007, 10:17 AM
    Well from a legal standpoint, you are in default and you are suppose to legally move if you don't pay your rent on time.

    He can't throw you out on the street without taking you to court, but he has the right to tell you to get out, which you are suppose to do.
    If you decide not to obey the rental terms, then he takes you to court to force you to.
    landlord advocate's Avatar
    landlord advocate Posts: 283, Reputation: 36
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    #5

    Feb 17, 2007, 12:00 PM
    Quote Originally Posted by terrilb
    my land lord said that if i do not pay my rent by 2/19 i will have to be moved out of my apartment by 2/28. is this true? i have not received any formal eviction notice from my landlord. i have only gotten typed papers from the rental office. i am confused, please someone help me??
    There is a specific form, with specific terms, even specific size lettering. The landlord first serves the eviction form to the tenant. Then waits a specific time, usually 3 business days. After the specific time the landlord files the eviction with the court. The court will send a letter to the tenant by regular mail and also by registered mail. The letter will notify the tenant that an eviction has been filed and list a time and date for the magistrate or judge to hear the case and make the decision as to whether the tenant must leave the rental property. The time between receiving the eviction from the landlord and the date set by the court, that you must actually leave the property, is a minimum of 3 weeks. Proper forms must be utilized or the eviction process will not be recognized by the court.
    TEKIA50230's Avatar
    TEKIA50230 Posts: 2, Reputation: 1
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    #6

    Mar 16, 2007, 10:18 PM
    Quote Originally Posted by terrilb
    my land lord said that if i do not pay my rent by 2/19 i will have to be moved out of my apartment by 2/28. is this true? i have not received any formal eviction notice from my landlord. i have only gotten typed papers from the rental office. i am confused, please someone help me??
    He has to serve you a notice
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Mar 17, 2007, 06:23 AM
    This is the thing, the "letters" from them is your first real NOTICE, and if you refuse to honor them, then and only then he will go file with the court for a Court eviction. That is where they move your belongings to the curb with a officer watching you.

    So what you are saying is that you know you are suppose to move but just won't obey the legal contract and you are going to force the landlord to spend money throwing you out.
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