Where do I get a 30 day eviction notice to evict someone from my house?
Hi, You want to evict someone from your house So you need 30 day eviction notice. These are generally reserved for month-to-month tenants. This informs the tenant that his/her lease is being terminated, and that he/she has 30 calendar days to vacate. If the tenant fails to vacate, the landlord can then initiate eviction proceedings by serving a 5-Day Notice of Unlawful Detainer, or file a complaint for summary eviction. Some days before one of my friend faced some problem in Las Vegas by landlords and by the help of Rocket Eviction, his problem solved. They provide quick, efficient Nevada eviction services for apartment complex owners, high-rise condominium owners and other multi-family rentals in Clark County, Nevada. Thanks.
Can I file an eviction notice after a 30-day notice to vacate the property?
Read your local city or state landlord tenant law. They will outline the eviction process in detail for you. You should read and know them all anyways if you are renting property, to protect yourself from costly mistakes.In many areas, it is actually quite easy to do yourself, at the local court, but you do have to follow each step perfectly, or you might have your case thrown out.In some areas, there is a law firm that specializes in this. In Phoenix, where I do business, there is firm that does it for like $150 or something. At that price, I used them, even though I know how to do it myself, because it wasn’t worth my time to drive across town two or three times to file and go to court in the proper local court, 25 miles from where I live.
Do I still have to file for eviction if the tenant is incarcerated for 30 days after receiving a 3 day eviction notice?
First, you really need to take a property management class so you can learn the laws in your state/county/city and how to handle these types of issues if you are going to be renting property. A class will also teach you some court precedents that aren’t necessarily defined in the law for property management in your state.It depends on how long the tenant is going to be incarcerated for in the long run. Check with your state laws, with 30 days you may be able to use abandonment, but would have to have done the proper notices at the proper times for that as well. It would save you the eviction fees if it was an option, but you have to be proactive in your notices. You have to deal with these issues as they unfold rather than after the fact.Have a local attorney that specials in property/real estate that you can work with regularly for when cases get complicated. Eviction is still a valid option if they have already gotten out of jail and are back in the unit, but can often be avoided with conversations about how leaving on their own will save themselves costs of eviction and prevent having an eviction on their rental history.
How can I fight a three day eviction notice with false reasons to evict on it?
A 3 day eviction is unreasonable, and probably against your lease terms if you have one. Also, to legally evict a tenant it has to go through the court system. This can take from 30–90 day’s to do so. Your landlord cannot force you out, throw your personal items out of the unit, or threaten you in any way. What I would do is not answer his/her calls, knocks on the door etc. Let them go through the system if the want you out. If in fact you feel that you are being evicted for no good reason, wait till the court date set up (30–90 day’s)and explain your situation to the judge.
Do I have to give a 30-day notice of eviction to a rogue tenant?
Some questions need a lawyer to answer, and this is one. If this person is a squatter, guest of a tenant or simple trespasser—if he has possession(ie: keys, utilities,etc.), or lives with someone who does, my experience is yes, you have to evict. The notice in my area is less than 30 days, but it requires a formal, legal eviction. A word to the wise: evictions are time consuming and expensive. I might offer to pay him to leave, the old “cash for keys” routine. It will save time, money and heartache. Don’t pay until he’s out and you have some written agreement he won’t come back.
How long can you typically go without paying your apartment rent if you got a 3 days notice to pay the rent or get out?
The land lord has to go to court to throw you out, (actually, to enter your apartment, and to remove everything in it and put it at the side of the street).The pay or quit notice tells you when that will happen, usually 30 days. So if he goes to court, and if the court grants him possession, he can do that after court. `However if you are duely summonsed, and you do not show up, the judge has a choice to go ahead anyway (if he has reason to believe that you could have been there, and are just stalling), or to give you a continuance, another court date in 30 days. If you do get the continuance, you will still be made to pay, but you have another 30 days before they come to move your stuff out, and yes you will have to pay the next rent due, as well. The judge can grant another continuance if he feels that either party has a good reason to get one. But this is less common. And if he gets the feeling that one party is stalling (usually the tenan) he will make his judgement in your absence.So you have longer than three days, but after three days the landlord will request the court date and for you to be summonsed.And this will go on your credit record. It would be better business, and protect your credit rating if you pay the rent now using a credit card, and pay the card back when you get the money that you expect. If you are not regular in your payment of the rent, the next landlord may not want you as a tenant.Good luck.
Does a tenant need to give 30 day notice to vacate during the eviction process?
As with all legal answers, the law is different in every jurisdiction, so no one here will be able to give you a definitive answer.In most jurisdictions, if the rental agreement is silent, and if the tenant has already been advised to leave, they are under no further obligation to provide a date at which they are going to leave, they are expected to vacate immediately. Now, it's clear with this tenant that they want to extend their unwelcome stay as long as possible, so the eviction hearing is appropriate."Consistent late payments" is interesting. Is this something that is part of your rental agreement? If not, it should be. In other words, you should have something like "Consistent late payments shall be defined as X or more late payments in a Y-month period, holidays and office closures notwithstanding" (you define X and Y). Hopefully, it's already in your contract.Anyway, if your tenant vacates before the eviction hearing can take place, your eviction hearing will usually just be converted to a breach of contract case, and you can use it to collect any back rent due, or any damages to the unit, and any other expenses that the pre-eviction vacation caused. You will have to use the hearing to collect any rent due caused by the tenant living in the unit beyond the rental period, as I'm certain the tenant will not pay rent when there is no contract.You have notified the tenant as required by statute that you will not be continuing the periodic lease. Failure to vacate is proper grounds for eviction.
Can a leaseholder taking on a roommate in Texas require that the roommate sign a separate agreement to allow eviction with 30-day notice at the discretion of the original tenant?
Yes, the leaseholder would be sub-leasing and could make any agreement they wish with the sub-tenant.*Making the sub-tenancy month-to-month is actually a smart idea for the leaseholder — if renting to the roommate doesn’t work out, they can extricate themselves from situation relatively quickly.The leaseholder and the sub-tenant should both assure themselves that the leaseholder is permitted to sub-lease — read the lease. If not allowed, the leaseholder would be in breach of their lease and the sub-tenant would be at risk of their tenancy being terminated if the leaseholder is terminated.Please note that eviction is the legal (court) process for removing someone who won’t leave. Termination is the normal ending of a lease agreement.*I practice in California, I wouldn’t expect Texas law to be different on this issue, but check with your local tenant-landlord agency.
If my roommate refused to sign a lease, do I have to give a 30 day eviction notice?
You need to make a consult appointment with an attorney who has landlord-tenant law expertise. You should not have let someone move in with you without signing a lease. You know now that someone who refuses to sign a lease is probably going to be an especially bad roommate, but you did this and it seems to have gone bad. It’s time to call in an expert. Take the advice and follow it to the letter. Good luck.