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    mackisus's Avatar
    mackisus Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 11, 2017, 09:44 AM
    5 day to move after 2nd offense for same violation in 6 months
    Hi, been a landlord for a long time, have served many 3-day pay or quits, but now want someone out very fast! I would like to know the mechanics of the 5 day to move process. When it is delivered, either in person or mailed by certificate of mailing, does the tenant have the right to answer to this or are they automatically required to get out? And if they do not move, what step is required next... a court order? I am familiar with the complete eviction process, have done 3 of them, but never with the 5 day process. Thanks!
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    Jul 11, 2017, 10:16 AM
    To save time... what State would this be in... as tenant laws vary by state ( and even by city to a certain extent).
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
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    #3

    Jul 11, 2017, 12:24 PM
    As Smoothy noted, varies by location. We can't tell you since we don't know your specific location. I would suggest checking with your local courts.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jul 11, 2017, 04:43 PM
    As noted, your general location is important as laws vary. However, in my experience, a notice to vacate is basically a request. It does not have the force of law. It is simply the prelude to obtaining an eviction order from a court. The hope is the tenant would prefer to vacate rather then risk a court action.

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