Question:
Landlord problems?
?
2017-07-26 09:53:53 UTC
So last monday she said we had till this monday to pay our rent or move out. I thought there had to be a 30 day notice. Can she just throw us out?
34 answers:
loanmasterone
2017-07-28 13:46:45 UTC
Normally you would issue your tenants a 3 or 5 day notice to pay all back rent and any late fees or quit (move), (cure -compliance with the lease agreement), based on the laws of your state. This would also include lease or rental violations.



After the 3 or 5 days are up with no positive results on the part of the tenant, then you would have to file for a legal eviction through the court system



Once you have filed for the court ordered eviction, your tenants would be issue a summons. This summons is provided by the court to your tenant of the court date, place and time. You may serve this summons to your tenant or have a local law enforcement agency serve this document on your behalf.



There is a fee charged for you using the local law enforcement agency. You would need inquire of this service from the court clerk and pay the fee directly to the clerk.



Once the judge has ruled in your favor the judge will sign an eviction notice. This eviction notice will give the tenant(s) the day and time they would be required to vacate the rental unit.



You would be required to place this eviction notice in a place where your tenant (s) would be able to see it. Again you may do the placing of the eviction notice in a place where your tenants would be able to see it or you could once again employ the services of a law enforcement agencies that would serve this notice on your behalf. There is a fee for this service, you may find out the cost using the law enforcement from the county clerk. I find this to be a better solution as oppose to me serving the eviction notice.



Once the eviction notice has been served the tenants now have 14-45 days, depending on the eviction laws of your state in which to move, based on the date on the eviction notice. Failure on the part of the tenants to move before the date on the eviction notice, you may then call the local law enforcement agency to have these tenants physically removed from the property.



In some cases the law enforcement agency will allow them to return to secure any items they are not able to remove at this time. You should make sure the law enforcement agency will return for this removal of this property by the tenants.



This is a general eviction, however there might be quirks in your state eviction laws so make sure you Google eviction laws followed by your state.



If you feel as if you are not able to do this yourself, you might consider hiring a professional firm to handle this on your behalf. There is a fee for hiring such a firm. You would need to google for these type firms, followed by the city and state in which your reside.



Once you have successfully evicted your tenants, you would now be able to sue them in small claims court for any back rent or damage to the rental unit not covered by the deposit.



You are not entitled to a 30 day notice if you have failed to pay your rent. or in violation of your lease agreement.



I hope this has been of some benefit to you, good luck.





"FIGHT ON"
Common Sense
2017-07-28 00:38:13 UTC
HA! You are NOT having "Landlord Problems"....you are a problem tenant who does not pay to live in the landlord's property.



She just gave you notice that you have to pay or move out. Pick one. You just got your notice.
2017-07-27 08:12:54 UTC
The notice is the first step to an eviction; if you do not leave according to a Notice to Vacate, the landlord may then file for eviction. The notice is usually 30-days, effective on the 1st if it is issued on the first; otherwise the 1st of the following month. (I do not even want to tell you this if you are not paying rent, I have little sympathy for those who do not pay rent promptly).



Only a court appointed officer has the authority to kick you out, after an eviction proceeding.



If you are not paying rent, or are habitually paying rent late, that is grounds for eviction.
sdc_99
2017-07-26 20:20:49 UTC
Why should you be allowed to stay? If the landlady loses the property because she needs the rent payments to make her mortgage, you won't be staying.
?
2017-07-26 17:39:07 UTC
IT'S CALLED A THREE DAY NOTICE

when you don't pay the rent you are not entitled to live 30 days there without paying when you already had 30 days that you didn't pay for
Judy
2017-07-26 15:51:14 UTC
not on no notice, but she can start legal proceeding to evict you - and no, you can't jut pay it 30 days late and expect all to be forgiven.
2017-07-26 15:10:33 UTC
Solution PAY YOUR RENT!

Question"



Would you work without pay? Well this is the LL's job!
2017-07-26 12:52:49 UTC
No she doesn't have to give you 30 days' notice to tell you to pay or leave. That being said, she can't just throw you out. You can refuse to leave. And if you do, she will begin the eviction process which involves going to court. The "pay or leave" notice is usually the first step in the eviction process.
anonimitie
2017-07-26 11:01:44 UTC
That you don't know they're a, "landlady," makes me think there probably was appropriate notice and you missed it, forgot about it, or some other issue that's your fault.
Joseph
2017-07-26 09:56:48 UTC
depends on where you live, if children are involved, no way
Karen L
2017-07-28 03:25:50 UTC
We don't know if you can legally be evicted in that time frame for not paying rent, because laws governing this stuff are not the same in every place in the world and you didn't say where you are so we can't look up those laws for you.



Where I am, a landlord can issue an eviction notice for non-payment the day after the payment is due and isn't made, and the tenant has 10 days to pay or get out.



Not paying your rent does not make a "landlord problem" for you. It makes a "tenant problem" for the landlord. Your landlord has my sympathy, because tenants who don't pay on time generally end up not paying at all, at some point.
Amy
2017-07-27 03:41:59 UTC
Solution PAY YOUR RENT!
2017-07-26 20:35:29 UTC
depending upon the city and state you live in
babyboomer1001
2017-07-26 17:43:22 UTC
You violated your lease so if you know what's good for you, move out at her request. If you don't and you force her to evict you through the court, by the time of the hearing, 30 days will have passed. And if it does go to court, you are going to owe a lot more than what you owe now. You will regret forcing the ll to evict you through the court.
2017-07-26 17:35:26 UTC
PAY YOUR RENT!
2017-07-26 16:53:10 UTC
If this was a verbal request that you are correct that is not legal notice. If that was a written 7 day notice then that is legal when rent is not paid. When you fail to pay or move out she still has to file in court on the 8th day.



NO you are incorrect that you get 30 days. When rent is not paid you get far less notice but it does have to be in writing. Notice for non payment of rent is 3-7 days depending n state.



Having kids or not changes nothing.
2017-07-26 16:52:45 UTC
Yes.
Judith
2017-07-26 16:09:33 UTC
Landlord problem? No. You are the problem. You owe it to your landlord to pay your rent in full and on time every single month.



I suspect your landlord means that if you don't pay the rent when told to that she will begin the legal eviction process.
Jack
2017-07-26 14:52:03 UTC
This is NOT a "landlord problem". This is a tenant problem.

Pay your rent.
D.E.B.S.
2017-07-26 13:30:43 UTC
Can't just throw you out. She's have to give you an official 2 or 3 day notice to pay or quit (move out). After that happens with no payment then she'd have to go to court where she'd convince the judge to rule in her favor. Then if you don't leave she can show up with the cops and they'll give you a few hours to put your stuff on the curb.
Stan
2017-07-26 13:12:29 UTC
They have to put it in writing or there is no proof the notice was sent out
realtor.sailor
2017-07-26 13:06:32 UTC
The landlord must give you a 3 day (5 in some states) notice to "quit (vacate) or pay." If you do neither then the landlord must file for eviction. Google "landlord tenant laws" and your state's name for details.
?
2017-07-26 12:25:53 UTC
If you have not paid as agreed, then 30 day notice doesn't apply. In most states a 3-7 day notice applies in cases of non payment.



30 day notice is for things like a change in rent amount, etc.
glenn
2017-07-26 12:18:54 UTC
In many states in the USA that statement from the landlord is the first step they have to make in order to evict you. If you do not move then they file in a court for eviction and that goes on your record and it becomes much harder to find a new place to live.
R P
2017-07-26 11:12:41 UTC
Honey, you are behind in your rent. You aren't entitled to 30 days notice to vacate. At most (depending on your state), you are entitled to 7 days to Pay or Quit (move).



The landlord is not required to subsidize you. So pay what you owe by Monday or move out.
sunshine_mel
2017-07-26 11:12:07 UTC
Is your rent late?



If so, she can initiate a legal eviction process
Howard L
2017-07-26 10:54:16 UTC
No! She must go to court and get an eviction notice. The 3 day notice is to tell you she's going to court.
Maxi
2017-07-26 10:13:41 UTC
Not a landlord issue, this is a tenant issue, not paying rent, and Kansas allows 3 day pay or quit notices.... so pay up or you will be evicted
Chief BaggageSmasher
2017-07-26 10:00:01 UTC
It is called a Pay or Quit notice and it is legal in many states, including Kansas.

If you fail to pay by Monday, your LL will begin eviction proceedings. You will then have an eviction on your record, plus you will also have to pay the court costs in addition to the amount you owe.



http://www.kansaslegalservices.org/node/1934/tenant-issues-and-rights-kansas-renters

Look about half-way down
2017-07-26 09:59:45 UTC
Check your state laws (with the internet, this should be easy). Depending on the state it can be 30, 60 or 90 days. She will probably have to start legal proceeding to get this done.
?
2017-07-28 07:53:52 UTC
I think, she has no right to give you this kind of deadline. She should have given 30 days notice in advance. Take legal advice if you can.



Best of luck
?
2017-07-28 04:41:03 UTC
you have until the 8th of the month to pay rent (due on the !st) then you can be served with a 3 day notice in the mail or on your door. Pay up move out.
Anonymous
2017-07-26 12:00:59 UTC
You are entitled to proper notice in accordance with state law. This is usually in the form of a pay or quit notice that gives you somewhere between 3-14 days to move out or pay your rent. Check local laws for specifics.



You do not get 30 days before she can tell you to leave. She can started evictions the day you are late.



You don't have a LL problem, you have a paying rent problem.
Amers
2017-07-26 11:32:00 UTC
The notice is to move, or get a court notice. If an eviction is processed against you it will be on your credit when trying to move, and you will still owe the money. Best to move before that happens.


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