can a eviction notice occur with one days notice?

Question

My daughter was given a one days notice of eviction posted on her door. she is in section 8 and the government pays the rent what is her recourse in this matter she was threatened to have a constable remove her if she did not vacate it is the weekend and no office is open for her to turn to

Answer 1

EVEN THOUGH SHE HAS SECTION 8 AND MOST STATES PROVIDE 30 DAYS NOTICE, THERE ARE EXEPTIONS. FOR EXAMPLE, IF YOUR DAUGHTER SERIOUSLY VIOLATED THE RULES, SUCH AS NO DRUGS, NO VIOLENCE, NO OTHER "SUB" TENANT, THEN YES, THE LEASE OFFICE CAN TERMINATE IMMEDIATELY.

WHATEVER THE REASON, PLEASE TELL YOUR DAUGHTER THE FOLLOWING:
MAKE SURE THE RENT CO PAYMENT IS UP TO DATE
BRING THE EVICTION NOTICE TO HER SECTION 8 CASE WORKER TO DISCUSS HER OPTIONS WITH THE CASEWORKER. THAT IS PRETTY MUCH ALL THAT CAN BE DONE AT THIS POINT. IF THE EVICTION NOTICE IS ILLEGALLY SUBMITTED TO YOUR DAUGHTER, THEN SECTION 8 WILL TAKE CARE OF THE ISSUE...BUT ALSO BE AWARE THAT THE LANDLORD MIGHT GET PENALIZED BY SECTION 8, MEANING THAT YOUR DAUGHTER MIGHT HAVE ONLY ONE MONTH TO MOVE. ANY TIME A LANDLORD GETS PENALIZED OR PUT ON THE SECTION 8 BLACK LIST, THE SECTION 8 TENANT IS EITHER RESPONSIBLE FOR PAYING THE FULL RENT OR THE TENANT HAS TO FIND HIM/HER SELF ANOTHER APARTMENT WHICH ACCEPTS SECTION 8.

Answer 2

In the united states, which I am guessing is where you are not considering your use of the word constable, you cannot be evicted in 24 hours unless you have made a threat to the landowner, or threat of damage to the structure, or residents. A 24 hour notice is called a 24 hour notice to vacate, which comes after a ten, or three day notice to vacate. Basically telling you that you have one more day to pay rent before they start final eviction paper work. She should still have three weeks at the least to get her stuff out, maybe longer because she has section 8.

Answer 3

Yes, it can. However, the constable can not remove anything or anyone at this time. If she does not leave, then the landlord will take you before the Justice of the Peace. He will then determine the amount of time you have to move out. If you still have not left by the time given, the J of the P will get a moving company to remove your belongings and place them at a storage unit . You are responsible to pay for the moving company and the storage unit also. Trust me...I've been there .

Answer 4

The question really comes down to the state she lives in. In Arkansas, for example, she can be evicted as you describe. In Iowa, she'd have to have 72 hours notice. Each state has it's own laws. She should call an attorney to find out about your state's rental/lease and eviction laws.

Answer 5

No this is not possible. Especially if the rent is paid by section 8. Do a search on Renters rights (your State) and it will tell you what to do.

Answer 6

You can have an emegency eviction and they have to give you ten days toget out. Then they have to give you 30 days to get your stuff out. You can get a copy of the tenant and landlord act from your state to see the exact laws.

Answer 7

Most states its usually once the notice is serviced, they have 3 days to get out. Check your landlord/tenantlaws in your state. Sorry to hear that..

Answer 8

She has to be legally removed by the Sheriff...and served a warrant. If the landlord harass's her she can call the police and file a report.

Answer 9

Most states are 30 days. It has to go to court before they can remove you physically.

Answer 10

They have to give 3 months notice