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.
I want to break the lease with my landlord. I am in California. Can I just wait for a 3 day notice to quit, move out, give the keys, and avoid an eviction record and not be responsible for the remaining rent?
I can only speak about Texas, but in Texas, when you get a 3-day notice-to-quit & vacate, that IS the beginning of the eviction process.If you get out and surrender keys within the 3 calendar days it allows, then you won’t become named in an eviction suit. You can’t evict someone who has already given you possession and vacated.If you also pay any back rent you owe, then you only have to worry about future rent for the remainder of your lease, until the landlord signs with a new tenant.The Notice To Quit & Vacate is not a matter of public record, so there’s nothing to follow you around later, except probably your landlord’s bad recommendation to future landlords. That settles you up free and clear for whatever caused the eviction notice.But there is still the question of remaining months on the lease, and you will be responsible for at least a month of that, maybe 4–5 months if it takes that long for your landlord to find a new tenant. You’ll get a Demand Letter from your landlord, or maybe from his attorney, and if you don’t pay the amount it demands, you will be looking at a different lawsuit, other than the eviction suit you were originally facing when you got the 3-day eviction notice.In Texas (and this may not be the case in any other state), the landlord has what’s called a “Duty To Mitigate”.If you break the lease four months into a 24-month lease, the landlord can’t turn around the next day and sue you for the remaining 20 months.He must make good faith efforts to find another tenant, and when he’s successful in that, your financial obligation ends as soon as a lease begins with the new tenant.He knows, at that point, how much to demand from you and sue over if necessary. That was something he didn’t know when you handed in the keys, because he could sign a lease with a new tenant that same week, a few months later, or any time in between.If it takes him four months to get someone else in there, you are responsible for any back rent you left owing, plus the four months the property sat vacant.“Good Faith” means the landlord can’t take that opportunity to start a 6-month remodel of the house before spending four months getting a new tenant into it.Efforts to find a tenant must be made as soon as he can get it restored to the state it was in when you took possession, all repaired, cleaned up, and ready to rent.And he can’t delay that (if somehow he even wanted to) by doubling or tripling the rent, unless you were getting a heck of a deal, like half prevailing rental value for such a house. He must be trying to rent it at fair market value.
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.
I’m a tenant in Az. I rent a room with no lease. My landlord gave me a 30 day eviction notice. Do I still have to pay her rent for the remainder of the time I am here?
Yesyou pay for the time you are using the unit.most cases you are paying in advance, so when you pay rent in the first, that means you have paid for the whole month, not last month.so if I pay you this month I have 30 days before I pay again. So next month I have the money to give to someone else to live there next month,
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.
Do I have to give 30-days notice to evict someone, or can I take him to court to be evicted earlier? My ex lives in the house, doesn’t pay rent, signed a lease to state that he would comply with the sale contract, and is refusing to move out before 30 days.
This depends entirely on state law and the lease.Remember also that once you begin the eviction proceedings that is just the first step. Once you get through the initial hearing, then there are still procedures to follow as far as the physical eviction. Assuming he refuses to cooperate. It isn’t a matter of going to court one day and he is out the next.Find out the law in your state as far as when you can initially take action and file a case against him so you can get the process started.You might want to speak to a lawyer to make sure you understand the process, or even to get the right documents filed.
If a resident is month to month and the gives a 30 day notice instead of 60 day, can you charge rent through the notice and a cost of reletting? Original lease was filled and now month-to-month.
If a resident is month to month and the gives a 30 day notice instead of 60 day, can you charge rent through the notice and a cost of reletting? Original lease was filled and now month-to-month.To restate your question: Your tenant’s lease has expired and they heldover, becoming a month-to-month tenant. They gave 30-day notice instead of 60 days.Not knowing the details of your situation, let’s assume that your lease allows the landlord to charge the tenant for the cost of re-letting only if the tenant breaches the contract and leaves the property prior to the natural expiration of the tenancy. In that case:If the tenant gave proper notice, you would charge rent through the end of the notice period and cannot charge for your costs of re-letting. They have fulfilled their obligation and the cost of re-letting is an expense of doing business that the landlord absorbs.If the tenant did not give proper notice (the lease or local regulations require a longer notice) and thus the tenant is trying to end their obligation to pay earlier than allowed, the landlord would charge rent through the end of the required notice period. By collecting 60 days of rent, the landlord receives the full amount of and cannot also charge for the cost of re-letting — that would be double-dipping.If the tenant terminated their tenancy early and did not pay for the remaining term, then the tenant has breached the agreement and the landlord would be entitled to collect the cost of re-renting the property. For example, tenant agreed to one-year lease and stopped paying and moved out after 7 months. Bonus information: In this case, typically the law requires the landlord mitigate their damages by making a diligent effort to re-rent the property as soon as possible, and, if the new rent is lower than the previous rent, the landlord may be entitled to charge the previous tenant for that difference.Check with your local tenant-landlord agency.
If lease ended and renewed to month-to-month, will a waiver of notice to vacate (5 days) still be valid? Will landlord have to give a 5-day notice or can proceed with eviction right away?
Disclaimer: I’m not a lawyer, so this isn’t legal advice. For that, you need a lawyer.The waiver of notice to vacate is still valid. The lease—the entire document—hasn’t ended. It’s just that it’s reverted to a month-to-month status. Consider: Anything in the lease that forbids pets or smoking in the house is still valid. Anything in the lease requiring that you leave the property in good (perhaps “broom-swept”) condition is still valid. Even the part of the lease that says payment is due on the first of the month is still valid.The waiver of notice to vacate, similarly, is still valid.For more information, consult with a lawyer.