When do you decide to give a tenant 30-day vacate notice vs 60-day vacate notice in NYC?
For a "month-to month" tenancy, all that is required is 30 days' notice to terminate the lease. It does not matter how long the tenant was in occupancy, nor does it matter whether the tenant believes that 30 days is "reasonable," since the law establishes 30 days as a reasonable time for a tenant to vacate after receiving notice.
Can I give my tenant a 3 day notice to pay or vacate?
If your tenant has not paid rent on or before the date that the rent is due, then you certainly can give the tenant a proper notice to pay or move out. Your local landlord tenant laws will state what the notice period is, since it might not be three days. In some places that is called a "notice to quit". In any case, you will either need to familiarize yourself with your landlord tenant laws, or retain an attorney to assist you, the former is initially less expensive than the latter, but at some point you might be needing the latter anyway.
In California, what “illegal activity” is grounds for giving a tenant 3-day notice to vacate?
Any activity that is against the law. Common ones encountered in residential properties include prostitution, drug use, manufacturing, possession, and distribution, fencing, chop shop, theft rings, etc.It helps if your tenant has been arrested or is under indictment but that's not strictly necessary. If you have evidence of illegal activity but it's not sufficient for a criminal prosecution you may still prevail since the burden of proof in a civil matter is much lower than for a criminal matter.
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.
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.
How do I deal with in-laws who intentionally make bad choices that we end up bailing them out over? Latest one, they got a 3-day notice to vacate over smoking in a non-smoking apartment.
On this one, you probably need to get them into a different apartment, AND you need to be on the apartment’s contact list if the rules are changed, because your in-laws now need closer supervision than they did in the past.Most likely what happened is that the place where they used to live either changed management, changed ownership,or else was forced into changing their policy because they lived in public housing, and the government changed it’s policy.If your in-laws don’t routinely pay attention to the notices that the apartment management puts out, or posts on a community bulletin board, then you need to realize that they aren’t likely to have known about the change in policy.Usually when this sort of policy change happens, there are alternative solutions (or smoking areas) published for the residents. But not always!The alternative is that the policy change takes place on an individual basis, and begins with the new lease. If they don’t accept the new policy, their lease is not renewed.Essentially people who rent are subject to all kinds of changes (in apartment ownership, price increases, or policy changes) and they have absolutely no say in the matter.I’m sorry that this happened to them, but not surprised that it did.
Does a landlord need to give a 30 day vacate notice before proceeding to evict?
It may depend on the state where you live, and on the situation.In Texas, only 3 full days are required… the landlord can file on the fourth day if he wants.If you are month-to-month AND you have done nothing wrong, the landlord can require you to move by giving at least 30-days notice. It can be for any reason or no reason at all. You are a Tenant At Sufferance.But if you have done anything wrong (like late rent), that’s out the window and he’s back to an immediate 3-day eviction notice.If you’re willing to get all your belongings stacked at the curb by strangers, and have a judgment against you for 10 years, you can wait out the entire eviction process, which takes about six weeks in Texas.Once you have failed to comply with a 3-day eviction notice and a suit is filed, it moves forward after that, even if you pay up everything you owe while waiting for trial or move out while waiting.In some other states, putting you and all you own out to the curb takes significantly longer, but you still have the downsides mentioned above when the dust settles.