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Video instructions and help with filling out and completing how does a 30 day notice to landlord work

Instructions and Help about how does a 30 day notice to landlord work

Hello my name is Lisa Porter Phil I am the certified property manager and broker at Empire industries today we are going to talk about the eviction process here in Houston the tenants rent is due on the 1st of the month it is late on the 4th of the month and on the 4th of the month we send out three - knows to vacate - your tenants they are sent out three different ways they are sent by email certified mail and regular mail on the 10th of the month we will file an eviction between the 4th in the 10th of the month before the eviction is filed we do attempt to collect the rent from the tenant once the eviction is filed on the 10th we then wait for our court date to go to court it takes approximately 21 days for us to go to court to get the judgment against the tenant once we go to court and gets get the judgment against the tenant you are notified and you are given the writ date which will be available to go move the tenant out once we have the writ date we file the writ which then goes to the constables office and once the writ is filed within that five days we follow up with the constable as well so once we talk with the constable and go have an appointment with the constable to meet at the house for the writ to move the tenant out we also hire the rekey company to rekey the property as well which is required by law in this time it takes approximately 21 days to take this whole process through if the writ does not go through in the tenant files an appeal within the writ time which is the five days from the time that we have been given the judgment then we have to take it to the county court it is then sent down to the county courthouse and I will give you more information on the appeal in just one second once we have done the straight eviction meaning they've given the notice to vacate we've gone to court we've got the judgment it takes approximately 45 to 60 days to do that now if the tenant files an appeal the process does take longer so the tenant can file an appeal within the five days after the judgment has been granted the to appeal types that are available since January 1st 2016 are a cash bond and paupers appeal a surety bond is no longer available as of January 1st on a cash bond the tenant has to put up three times the amount of the rent so basically the tenant will feel like they're in the right if they're able to do that poppers appeal is the most popular and what happens on a poppers appeal if the tenant has to put in one month's rent into the

FAQ

My landlord is telling me I have a week to leave because his son needs the apartment. Doesn't he need to give me more notice. How can I find a new place to live in 1 week?
Typical notice is 30 days. It could be as low as 10 days in special cases such as non payment of rent. Here are the laws in each state via State Rules on Notice Required to Change or Terminate a Month-to-Month TenancyHere in Pennsylvania the law is:http://rturn.net/laws/evictions/...In order to evict your landlord is required to give you a proper notice. This notice must be in writing, and it must state the date that you should be out. If you are in the middle of a lease term and you have not violated the lease by falling behind in your rent for example, the landlord cannot evict you before the end of the lease term.Most written leases have a clause in them that states how much time in advance either the landlord or the tenant must give if they are not renewing the lease.If your lease does not state otherwise, the notice must give you only 15 days for a month to month or year to year lease.However, if your landlord is trying to evict you for non-payment of rent, he or she must only give you 10 days notice. This is true whether your lease is verbal or in writing.But, remember, although your landlord gives you a notice to get out, he or she can evict you ONLY after taking you to court!
How do I write a 30 day notice to landlord?
Just be up front and do something simple, like:"DATE HEREMr/Ms/Mrs Name HereI wish to thank you for being a good landlord.  After a lot of thought, I'm afraid the home I'm in now no longer fits my needs.  As per the requirements of my lease, this is my 30 day notice that I will be leaving on INSERT DATE HERE.  I will turn in my keys to you on that date.  I ask that you perform a move out inspection in my presence so that I can verify any issues you may find during the inspection, and so that I may have an opportunity to fix the problems before you decide to deduct the costs from my security deposit.Again, I thank you for being such a good landlord.  I would definitely recommend you to anyone looking for a place to move to.Sincerely,Your Name Here"I would make two copies of it, and probably send the landlord's copy via certified mail so that they cannot say they did not receive it.Hope this helps.D
How long after 30 day notice does landlord have to file an unlawful detainer in a rent controlled apartment?
You just stated that he gave you 6 of them.So you had notice.The landlord doesn’t have to act immediately on any notice.Since you’ve been there more than one year, the notice was at least 60 days before — probably 65, courts are not instantaneous, even though an unlawful detainer is usually handled quickly.It’s typically about 5 business days, and you received it on a Wednesday — Fridays are pretty common to batch up detainer motions (they’re summary motions).So call it a 60 day notice on or around December 22nd of last year.Note that since it’s rent controlled, he likely believes he has sufficient evidence that he can proceed with a for-cause eviction for a lease violation.As examples:If the lease says no smoking in the apartment or on the property, and you smoked outside, but not off the property, and he has pictures, that’d count as a lease violation on your part.If the lease says no storage of bicycles under the stairs, and there’s one there: lease violation.If the lease says no storage of items on the balcony, and you have items there: lease violation.Etc.Hopefully, you have a copy of your lease handy. Note that, unless the lease states otherwise: there’s no statutory requirement of a “notice to cure”, to let you correct the problem, rather than facing eviction.Here’s the overall process:Notice to quit posted/served to you by the landlord3 day notice to quit for a lease violation30 day notice to quit if you lived there under a year60 day notice to quit if over a yearFiling a motion for unlawful detainerService of a copy of the landlords summons and complaint5 day clock started on written response to the courtCourt moves forward with summary judgement, if:no written responsewritten response deemed inadequate by the courtIf written response is sufficient additional court process:Court dateSummonsDay in courtCourt judgementIf Summary judgement, or court judgement in favor of landlord:writ of possession and judgement sent to tenantstart of 5 day clockSheriff shows up to remove you and your possessionsAre you sure you didn’t just get a summons and complaint?If you did, you’d better respond in under 5 days from the date of the summons and complaint — that likely means Thursday or Friday of this week.I suggest you contact an attorney or tenants rights organization immediately.See also California Department of Consumer Affairs: The Eviction ProcessBy the way: if the landlord can prove a lease violation — however minor, followed by a notice — well, you’d better be looking for a new place to live.
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.
What are the consequences of not honoring a 30-day move out notice I gave to my landlord?
Read your lease, it is a legal contract. Without 30 days notice, It is likely landlord can demand another month's rent,and enforce it with your security deposit AND ADDITIONAL FOR DAMAGE REPAIR.If you are inexperienced, get an older fart to read your lease to bring reality into your thinking -- we all tend to interpret contracts in our favor and get angry ans shocked when other opibions are closer to legal reality.THIS IS FAIR BECAUSE YOUR 30 DAY NOTICE IS LANDLORD'S OPPORTUNITY TO PREPARE/REPAIR THE PROPERTY TO KEEP HIS INCOME CONSTANT AND KEEP RENT REASONABLE AND COMPETETIVE.This is also fair because you signed the agreement !The more you help your landlorg get the property ready. The better treatment you will get -- offer easy stuff like moving your belongings around so owned can get earliest sccess and get ahead on inspection and getting repairs planned and even started . If you damsged sheetrock, you could spackle it flush and save the owner a half day painters visit $200.00 bare minimum if you invesr $15. Window washing? Super clean. Let owner inspect and maybe negotiate stiff you couls do. (Assuming you can do quality work. If rou ruined something, consider replacing itHe is gonna chatge you for it anyway and you could save his monleying sround to replace an $10.00 lamp sconse. You might do it cheaper, especially if you review your proposed fixes to meer owner's quality needs.There is some psychology involved -- showing owner you want to help his success will affect his attitude toward you. And yes, there are bad landlords. You have to make judgements but your assessment will be better if you talk to owner.
Does a landlord have to issue a written 30 day notice to vacate prior to eviction in ny state?
I've never been licenced in NY State. Each state has different landlord/ tenant laws. You can call the New York attorney Generals Office they have a division that deals with landlord/tenant issues. Only an attorney can give you legal advice. Your rental agreement should have a section to address this. Generally if you're late with the rent the landlord can file a notice to pay or quit as a first step bit if this has been an ongoing issue the landlord generally can move straight to eviction. It would normally be handled by a housing court or local court or through mediation but each state is different. This is why you really need the proper legal advice of a local attorney.
How can my roommate give me a 30-day notice to move out if she isn't the landlord and there isn't a rental agreement from the owner of the house that we live in?
If you were both on the lease of the apartment then your roommate cannot do that. If your roommate is the leaseholder and then took you on as a roommate then she may ask you to leave But even that would be difficult once you have established residency. If there is no lease at all then your roommate has no more power than you do. So once again you don’t have a right to ask you to leave. The only way around this would be if one party was to get a restraining order from the court. Then the opposite party would have to leave otherwise they would be in violation of that restraining order. Which would result in jail. But even that would be difficult once you have established residency. If there is no lease at all then your roommate has no more power than you do. So once again you don’t have a right to ask you to leave. The only way around this would be if one party was to get a restraining order from the court. Then the opposite party would have to leave otherwise they would be in violation of that restraining order. Which would result in jail
Does a landlord need to provide a reason for a 30-day notice to vacate in the state of New York?
No. A "month-to-month" tenancy may be terminated for any reason, or for no reason at all. Thus, no reason is required, nor should one be given.When occupancy continues after a lease expires in New York State, a "month-to-month" tenancy is established under the same terms and conditions as the expired lease. That means if you wish to send an official notice to the tenant, you should do so in strict accordance with the lease terms, usually found under the caption "Notices." Posting notices on the tenant's door or personal delivery, unless used as a last resort, may not qualify as having given notice under the strict terms of the lease, so you may leave yourself open to a common procedural defense if the tenant then does not wish to leave.As far as I know, any official notice would require the signature of the landlord or its authorized agent, or at least a signature stamp or seal, but you would have to ask a lawyer to get a definitive answer on that. In most residential tenancies, notice is required to be delivered by certified or registered mail, with return receipt, to the leased premises, which is presumed to be the tenant's principal place of residence unless an alternate address is specified in the lease.
My former landlord lost my 30 days notice, and has sent me to collections for the 2 months after my move out date. How can I resolve this problem?
You should contact the apartment management company and attempt to resolve this matter with them.If that does not work then you should gather up all your documents and file an action in your local small claims court to recover your security deposit and to obtain a judgment from the court stating that you owe no back rent as claimed by the landlord or its "collection agent." There is a nominal filing fee and you do not need a lawyer to do this.Good luck!