I am being evicted from my apt. and my landlord is only giving me 3 days to get out.?

Question

I live in Indiana. this doesn't seem like much time. Is this right? is this legal? thank you for your help.

Answer 1

My gut feeling tells me there is more to the story than what you are telling. I am sure your landlord didn't just wake up and say "Let's see who can I evict with only 3 days notice?".

My guess is you are delinquent in your rent since the first of the month and you have been stringing him along and he has reached the end of his rope.

Check the lease you signed. I am relatively sure the landlord is within his legal rights. They tend to keep up with what is legal so they won't be sued.

Answer 2

You cannot be evicted without a court order.

After the court order is issued, it may take as little as 3 days before you are removed. Some places take longer, but after the court order is issued, things go pretty quickly.

I suspect that what you got is simply a notice from your landlord, which in many areas is the step that comes before taking you to court.

A notice is simply that ... a notice. It is not an eviction. You may end up being evicted eventually, but it is not an eviction in and of itself.

If the notice is for unpaid rent, you will 100% be evicted after going to court if you do not come up with the rent or enter into a payment agreement.

If the notice is for anything else, there is a good chance that you won't be evicted. These notices are usually an opportunity to correct a situation (loud noise, etc).

Answer 3

I'm a landlord in Washington State. Here we have two kinds of 3-day notices. The first is a 3-day pay or quit-meaning you have three days to pay your rent or move out before we start the legal process to evict you. The second is a 3-day to surrender the premises; it's for tenants who have done something severe such as damage the unit, conduct themselves in a very disorderly manner with the manager or other tenants, sold drugs, etc. Once you get this notice, it's too late to negotiate with management. Both documents are legal.
I wish I could give you a better answer, but you didn't specify what kind of 3-day you received.
You can usually work out a 3-day pay or quit with your landlord, it just depends on how you've conducted yourself while you've been a tenant.
Good luck!

Answer 4

first only a court order and a sheriff officer can legally evict you from the unit

without knowing all the facts my quest is the landlord served you with a 3 day pay or quit notice, after the 3 days the landlord can file for eviction, the court date will take about three weeks, then if a judges rules in landlord favor it will take around 7 to 10 for sheriff to come out and remove you and your belongs

Answer 5

Well, here's the scoop. If you owe the landlord ANY money, he will give you a 72 hour notice. Upon serving the 72 hour notice, if your not out by that 72 hour deadline or have paid any rent you owe, then he will have his attorney file a petition with the courts and have the court order your warrant eviction. Often the same day of the court order, the Marshal is notified and you will physically be removed very shortly. Your belongings will be placed in storage (if the landlord is nice) and you will be at their mercy to retrieve them.

Answer 6

Yeah, check your tenancy agreement carefully, the terms under which you can be evicted should be clearly defined in the agreement. Generally it is a month, but if you pay rent weekly, I believe it is 2 weeks notice required. Either way, 3 days is ridiculous, and I'm pretty certain, highly illegal. Good luck sorting this out.

Answer 7

This is actually pretty standard. Normally it is done as a scare tactic, since they expect in that 3 days you would pay your rent (unless rent is not the reason you are being evicted). Here is a website with the specific statutes on Landord Tenant Laws in Indiana

http://www.in.gov/legislative/ic/code/title32/ar31/

Answer 8

Well if you live in England then Thats wrong because any Landlord should give at least 1 months notice not bloody 3 days

Answer 9

I am not sure about there, but in Louisiana you must give an eviction notice 2 weeks in advance.

Answer 10

Are you sure that you jdidn't ust received a 3-Day notice to perform or Quit, or a 3-Day Notice to Pay Rent or Quit? That is the only way that they can give you three days to get out. Please make sure that you read your notice to its entirety.