Can my landlord serve me a 3-day eviction notice if he accepted 3/4 of this month’s rent?
It’s clear there are an incredible amount of details that are not being included here. For instance, usually something like a “Pay or Quit” notice is done first and the eviction is from a court order, so I’m not clear whether you’re talking about the Pay or Quit or the actual eviction.Also, it’s not clear whether you’re referring to paying 3/4 of this month’s or last month’s rent. (And, as others have pointed out, they didn’t ���accept” the rent, you paid it.) It’s also not clear if the rent was on time or late.This sounds like a situation I’ve run into many times where a tenant has not read their lease, thinks they have a clear understanding of how a lease works, and breaks the lease in one way or another, without understanding what they did wrong, and then, rather than talking to the landlord and trying to fix the problem, starts talking about the problem to a number of people, giving them only the details that support their point of view.
How long does it take to get evicted after not paying rent for an apartment?
There was a recent question where a tenant had not paid rent for two years, another where rent went unpaid for four months - and that is just until the landlord woke up to get the eviction started. Some landlords are more proactive and aggressive to evict, starting the steps toward eviction as soon as the rent is considered late.Here are some example of landlords delaying.Steve Babiak's answer to How do I do an eviction now that it has been over two years since I’ve seen the tenant or payment in Atlanta, GA?Steve Babiak's answer to Tenant called me jerk when I asked her to pay rent. She did not pay for 4 months now. I do not want her to be upset enough to damage my house, so what should I do?Steve Babiak's answer to Tenant lost his job and got no assests. How will I recover unpaid 3 month rent and legal fees?So, we can't give an accurate answer simply due to any delay by the landlord.Then there is the matter of the law in that jurisdiction. There are certain preliminary steps that are required by law, such as furnishing a "notice to quit", and those have some built in (by law or the lease) time periods before the eviction action can be filed with the courts. And then the court has to schedule the matter. And even if the landlord wins a judgment for possession, the tenant might still have an opportunity to appeal that decision and just might do so.Of course, there is a minimum timeline that you can calculate by looking at all of the timings involved and using the smallest - but even that can vary by jurisdiction. For example, an eviction in a big city could take weeks or even months to get on the court schedule, whereas in a smaller town it could happen in short order.
What can a landlord do if a tenant refuses to leave after an eviction notice?
That depends on what you mean by “eviction notice.”An eviction notice is issued by a court after a legal process in which the landlord has been awarded possession of the premises.The eviction process is handled by a court and, if necessary, by local law enforcement pursuant to a court order. If the tenant refuses to leave after the eviction notice has been served then he or she will be forcibly removed from the premises. There is nothing the landlord needs to do.A landlord cannot issue an eviction notice because only a court has the power to evict someone from their home.But a landlord can issue a “termination notice” or a “notice to vacate” or similar notices to the tenant pursuant to the terms of the lease. If such notices have been properly issued and served, and the tenant refuses to leave, then the landlord must file a dispossession action in the local civil court which, after due process, will result in the court issuing an “eviction notice” as described above.
Can you be evicted if your rent is 3 weeks late?
The best thing you can do is to pay the rent. If you cannot pay all of the rent, speak to them and let them know your situation. Pay as much as you can Now! Keep the lines of communication open. You may find that the landlord will be somewhat flexible if they know that you are making a sincere attempt to pay the rest of the rent. You do not want to be evicted!! If you are evicted, this bad mark will follow you for years, making it very difficult to get another apartment etc. in the future. Good Luck, Kevin http://www.kevinscolastico.com
The eviction process in Santa Rosa County Florida?
Under Fla. law, if the eviction is for non-payment or other lease violation, the LL must deliver or post on the property a three day notice to pay rent (or a 7 day notice to cure any other violation) or quit the property. If the tenant does not vacate or pay the LL is entitled to Summary eviction proceeding: LL must file an eviction complaint with the local County Court & serve a copy with a Summons requiring an answer within 5 days (excl. Sat/Sun/holidays). If the tenant does not answer the LL obtains a default judgment of possession; a copy of which will be delivered by the Sheriff (or proces server) giving the tenant 48 hrs to vacate. If tenant doesn't vacate LL must deposit Locksmith & Moving fee with Sheriff who will go out there & physically remove the tenant & its possessions. Possessions will be stored at tenant's expense. If tenant DOES answer with any answer other than that it has already paid; it must deposit the rent with the court or its answer will be stricken & a default entered. If tenant ansers & deposits rent, the case will be set for hearing. Time of hearing varies by County & court. If the tenant is a "holdover," ie, stays beyond its lease term, the 3 day notice is not required.