I have some friends that this happened to In California and Texas.
Go down to your local courts and they will tell you the exact process, you can get free legal help at the court too.
Please note on business leased premises, they can insert a clause in your lease to lock you out without going to court (this happed in TX but does not apply in CA)
This is the process my friends went through; First the landlord issues a 3 day notice to quit, you then decide do I pay The landlord/conform to his requests or do I want to stretch this eviction process out as long as possible (your decision). Then move out at the final moment (just as the sheriff arrives to lock the doors) Your decision will affect your credit rating, if you are in the USA legally.
If you do not quit after 3 days onwards the Landlord will go to court and start eviction proceedings (known as an unlawful detainer in CA) 1-2 weeks later you will receive an eviction proceedings Notice from the Court usually served by the Shefiff in person or a legal process server; (you sign for it) or it's stuck on your door if you are not there.
You have 2-3 weeks before the court date and if you want to drag it out you should respond within the time frame stated on the summons (5 days usually) with your reasons that you should not be evicted, they have categories to choose from, if you are desperate you may want to make up some valid reasons to drag it out. (leaks, vermin, broken things, unhealthy, etc) or you dispute the amount the landlord claims. (make sure you respond personally at the court within 5 days or you will lose and have to move out sooner.
The court date will be rescheduled for a later date 1-2 weeks later, the first court date will be cancelled.
After you lose the final court date because you never showed up or the Landlord wins .you get another 1-2 weeks to leave as the Sheriff has to put a 1 week notice to vacate at a certain time on the said day when he will come with the landlord to lock your place up along with anything that you have in there.
In all it can take 6 weeks at best to 3 months depending on court times.
Hope this aids your decision.
2007-07-15 08:09:59
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answer #1
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answered by David C 3
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3 days. After that the LL can file eviction proceedings in the courts.
If the eviction is filed for non-payment the time to get you out varies with local procedures and will range from about 30 days to as much as 90 days. If the eviction is for other reasons it can take a little bit longer.
The 3-day notice should be a notice to "Pay or Quit". If you pay the demanded amount everything stops.
Once the formal eviction is filed, if the LL accepts ANY payment from you, the eviction action stops cold and must be re-started by the LL. Many LLs don't know that and derail the eviction process by accepting partial payment from the tenant.
2007-07-15 07:51:44
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answer #2
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answered by Bostonian In MO 7
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After you get a three day notice, you have a week or two, depending on state laws.
The three day notice is required before they can sue you for eviction. So, you have three days before they can even start the process. Once they start, you have to get Served, which isn't hard, they can leave in taped to your door, and if the wind blows it away, you still got it under the law. Anyway, that can take a few more days, then you have a chance to file an Answer, which may or may not give you until there's a Hearing to decide if the landlord is right or just blowing smoke. These Hearings are usually expedited, and if you don't show up, you lose, and if you do show up, you probably lose anyway if the landlord is right, and you get about 48 hours.
If you got a three day notice, my advice is pay up or pack up.
Robert is right in some states. He's not in most states.
2007-07-15 07:36:28
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answer #3
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answered by open4one 7
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He has to put it on your door. It will say three to ten days to leave. If you are not out, he has to get an eviction notice notorized by the court and will be sent to you via certified mail. You will get a court date. He has to pay money for all this so you can drag it out for months. You each can ask for a continuance. Just move before he has a chance to send you certified mail and the court should throw it out because you already moved and he paid that money for nothing. Go to your city building inspector office and get a copy of Lanlord/Tenant rights and go from there. If he's a shotty landlord that won't fix anything, call the health department for an inspection and stick it to him before he tries to stick it to you!
2016-05-18 03:00:45
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answer #4
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answered by arla 3
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The 3 day notice is the landlords intent to sue for eviction. The state and/or county have have additional information for you on the time element it takes after after. Basically the intent says you owe $** that you must pay or he will start the process. It can sometimes take months in most cases.
Below is a website that has some additional information you may find helpful, covers all states. good luck
2007-07-15 07:47:50
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answer #5
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answered by Etta P 4
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no. he can give u a 3 day pay or quit notice which is probably what you recieved. which is asking u to forfeit the premisise and avoid legal recourse. the landlord will then take u to court which can take another 30 days to have u actually evicted. then a sheriff will come with the court order and change thelocks and kick u out. only then can u be evicted with an actual court order.
2007-07-15 09:36:40
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answer #6
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answered by spadezgurl22 6
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the 3 day notice is a
"3-day Notice to Perform or Quit".
this means that you are doing something (like not paying rent) that you need to rectify or be out within 72 hours of the notice.
if you do not pay your rent...and do not get out..that is when the propoerty owner & landlord will go to court to start eviction proceedings (this will go on your credit report).
even if you move out in 72 hours...they are still going to come after you for the past rent...and any damages that you may leave behind.
so...here's your options---
1. pay your rent - or
2. move out and leave the place very clean, take pics to prove no damage. and make arrangements to pay them the past rent..so they do not sue you in court.
good luck
2007-07-15 07:53:40
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answer #7
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answered by Blue October 6
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Check with your local district justice/magistrate. It depends on the time of year as to how long you have to get out. Warmer months is usually 30 days and colder months can be up to 3 months. This, of course, is after the initial hearing with said district justice/magistrate.
2007-07-15 07:41:27
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answer #8
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answered by Angie 4
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If I moved out on time and I left some thing behind how much time so I have to pick it up
2015-06-09 23:55:12
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answer #9
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answered by tina 1
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Eviction, legal eviction takes months and months...
2007-07-15 07:34:56
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answer #10
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answered by Bob Thompson 7
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