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Arichlegg · Jan 15, 2015, 01:22 PM

Can anyone tell me the law of eviction for a rental property here? I have an annual lease, been living in the same place for 5 years. I've lost but started a new job and have not been able to pay my rent yet this month. The landlord has left me a voicemail stating that they are going to fill for eviction. Previous message stated that they would refuse my rent if I did not include the late fee of $100. I do not have the extra $100. I would like to know how much time I have after I physically receive the notice of eviction? Is it 3 days, 30 days? How does this work?
Thank you.

ebaines · Jan 15, 2015, 01:30 PM

The eviction rules for non-payment of rent vary by state, but typically the required notice period is shorter than for most other causes. So - what state is this in?

AK lawyer · Jan 15, 2015, 01:35 PM

The landlord has left me a voicemail stating that they are going to fill for eviction.

Typically (depending on where "here" is, it has to be in writing. But your next question suggests that you know that.

.... I would like to know how much time I have after I physically receive the notice of eviction? Is it 3 days, 30 days?

As noted, it depends on your jurisdiction. 3 days is typical for non-payment of rent. 30 days is typical if you are to be evicted for other reasons, such as your breach of other terms of the lease, or (in the case of a month-to-month tenancy), if they simply don't want to rent to you anymore.

joypulv · Jan 15, 2015, 02:02 PM

Wouldn't you like to stay if you can? Did you warn them about the loss of your job and that you got a new one? Do you realize that they have huge mortgages to pay, usually? Go there in person and ask if you can pay $25 extra each month for the next 4 months, and you'll put it in writing. When CAN you pay? Do you really want to be sleeping on someone's couch while working a new job?

ScottGem · Jan 15, 2015, 02:30 PM

Any question on law needs to include your general locale as laws vary by area. And you neglexted to tell us where "here" is.

Most areas have 2 types of vacate notices (both must be in writing); Pay or quit or unconditional vacate. A pay or quit notice generally gives you x days (between 3 and 15 depending on local laws) to repair the beach of lease or vacate the premises. If you do neither, then the next step is to file for an eviction order in the court. This involves a hearing. If you lose (likely), a new vacate date is set at which time the landlord can physically remove you.

An unconditional vacate requires that your lease be expired. So, if you are on an annual lease, then can't evict you until after the lease expires.

If there is a late fee a pay or quit notice can require that you pay in full all that you owe, including late charges. However, if you can pay in full, you get to stay.

The fact that you are there 5 years means nothing. I'm curious whether this came from the landlord or a property manager? What type of "place" is this? A large apartment building, small apt building, single family residence?

By all means talk to the landlord, but from what you said, I suspect they will take a hard stance.

talaniman · Jan 15, 2015, 02:36 PM

I am with Joy on this. Contact this landlord and talk to them directly. Then you will know what can be done, and what has to be done. I would after 5 years in the same place. Typically though you will get a summons to appear in court. I advise strongly to be proactive about contacting the landlord before then.