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Eviction Notice Form
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FAQs eviction notice
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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.
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How do I fight a 3-day eviction notice for being "too loud" during a domestic violence situation? My boyfriend strangled me, wouldn't leave me alone, & refused to let me sleep until 4:30 AM. I couldn't call the police because I didn't have a phone.
Many states make it illegal to discriminate against someone who is a victim of domestic violence. Many states also have special provisions protecting victims of domestic violence from eviction, unless it is for non-payment of rent. I would do these four things as soon as possible:Appeal to your Landlord by explaining your situation. Also, check your lease to see what provisions are in place regarding a Notice to Vacate and the timeframe to fight an eviction.Call 211, which will direct you to the resources available in your area. It is a great service that is underutilized, and it will save you time from doing the legwork yourself.Call local law enforcement to see what protections you have in your state and city. Several precincts nationwide support victims of domestic violence and will help those facing eviction.Call your local domestic violence shelter and ask for any information they might have about eviction protection for victims of domestic violence. They might also have apartments throughout the city for victims to live discreetly.There are people and organizations who want to help people just like you. It might take you digging your feet in and doing a little bit of research to find them, but it is doable. Good luck and be smart. Making other living arrangements or trying to better your situation are triggers for abusers, which puts you in a high risk situation. Never underestimate a vengeful abuser.
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I’ve paid my rent late maybe a total of 3 times, I’ve been in this complex for 6 months, I only pay maybe 2 to 3 days late being I get paid biweekly. How long does it take before my landlord can file an eviction notice?
Well, you’re not off to a great start if you’ve paid late 50% of the time in the first 6 months. You need to do 2 things:Look at your lease and understand what your grace period is, if any. Your are technically late if you pay after the due date, but if you are within the grace period there is no late fee applied and the landlord is unlikely to take any steps to evict if you are paying within the grace periodTalk to your landlord honestly. If your biweekly pay schedule commonly prevents you from paying exactly on time, let the landlord know the condition so they know what to expect. That will relieve the tension, if any is building, with your landlord.Generally, in most US States, your landlord can post a 3-day notice the day your rent payment is late. If you don’t cure (pay) within those 3 days the landlord can then proceed to evict you. If your landlord isn’t posting notices like this to your door, you don’t need to worry. Take my advice on #2 above. The reasonable contact will help smooth over minor issues like this.
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