we recieved a 60 day eviction notice and now they sprung a 3 day one on us....?

Question

I came home and found a 60 day notice on my front door about a month ago that said we have to be out nov 14. I have made arrangements to move. My mom is the one thats on the lease. she has not been home for 6 months and she left me and my roommate here. I was all set to move and get out of this situation when i come home from work today and find a 3 day notice on our door. It was not sent certified mail. its a copy not an original and all it has is the landladys signature. I am not going to be able to get all my stuff out in 3 days let alone all my moms crud shes left here. Im wondering if it is legal to serve a 3 day when we have the 60 day notice. I called my roommate to ask what could have happened because a week ago the landlady told her everything was ok. and she called her yesterday and the lady told her my mom sent her the wrong check and it was postdated because my roomate is a truckdriver and she left checks for the next few months and she grabbed next months

instead accidently. she told the landlady she would send me over with the correct check and the landlady refused to take it and said shes going through with the eviction. seems weird that she doesnt want her money.... what grounds do i have to stand on. in three days can she really come over and make me get out when im not completly packed.?

in response to the lady with the check bouncing comment.... the check never bounced my mom grabbed a post dated one instead of the one with the right date. she still has the money in her account and told the lady she would have me bring her a new check and she refused it.

oh and i cant do anything. my mom is the one on the lease I just lived with her. she put me in this situation by not paying her half of the rent and left me here and moved in with her boyfriend a little while ago. this rent due is from MONTHS ago and i diddnt even know about it because shes the one that drops it off.... im just worried because of her i have to worry about this in three days..... and i am not done packing and my place im moving wont be ready till the end of the month.... i just want to make sure when im alone and my moms not even here in three days i wont be out without all my stuff and her stuff still here....

Answer 1

that sucks

Answer 2

The 60 day notice was simply your notice that the landlord was not going to renew your tenancy past Nov 14th. It was NOT an eviction notice.

The 3-day notice you received is the FIRST step in the formal eviction process. If you are not out within the 3 days the landlord will file suit for eviction in court. Most states require that the landlord serve the 3 day notice in person, via a process server, or by posting notice on the main entry to the property. That's why it was on your door.

Once the eviction is filed, you'll receive a summons to appear in court. You'll have a few days -- typically 5 -- to file your answer with the court if you wish to contest the eviction. If you do intend to fight it, do NOT miss that deadline to file your answer with the court! If you do, the landlord will get an automatic default judgment from the court. You can't just show up at the court without filing your answer to the summons!

Once the case goes to court the judge will decide if the landlord has sufficient reason to evict you. If the judge agrees with the landlord he'll issue an order of possession. About 5 days after that, the Sheriff will serve a notice of eviction and escort you out of the property and place your belongings on the curb.

If you bounced a rent check, that's more than enough reason to evict you. You should have made good on the check within the 3 days. After that, the landlord is not required to accept rent from you and in fact in most states if he does, the eviction process stops dead as there's no longer any grounds for the eviction.

If the 3 day notice was not a Notice to Pay or Quit, you may have a case to have it thrown out in most states, so make SURE that you respond to the summons if it comes! If the reason for eviction is nonpayment of rent, the landlord does have to give you those 3 days to make good on the rent. If he failed to do so, you can probably have the eviction quashed but be SURE to have ALL of the rent ready to hand over to the landlord immediately!

As you can see, it can get a bit complicated. You really should consult with an attorney to see what the local laws are on evictions. Many landlords don't know the law and proceed incorrectly in evictions. That puts you in the driver's seat IF you know your rights!

Answer 3

Depends on your state. I would go to the county court house tomorrow morning right away and request an Emergency order, explain to the clerk the circumstances take all paperwork that you have and notes that you took during your conversation with the landlady.

They will get you in front of the judge. The judge will look at everything going on and he can order a stay of eviction, which means the 3-day one will not hold up.

I would still get out as soon as possible as she is just going to be a thorn in your side as much as she can be.

Make sure when you leave that you take pictures and schedule a time to walk thru the house with your landlady. If she refuses then make note of that in your notebook. Sounds like you probably will not get back your security deposit due to late rent payments, but at least you have proof that nothing was damaged when you left and she can't take you to court for more money claiming damage to the property.

Answer 4

In nearly every state, a Landlord is required to sue for "possession" in the Tenancy Court. This requires the Landlord to file a Complaint against the Tenant and after a trial, receive a Judgment for Possession. After this, the Landlord must execute on the Judgment by engaging a constable or Court officer to remove or lock out the Tenant.

If this process has not been followed, stand your ground. If the Landlord tries to change the locks, immediately call the Police. This is called "Self Help" and illegal. You have the right to break open the lock and re-enter the premises if the Landlord has done this. I suggest having the Police present and keeping a copy of the Lease will you as proof of tenancy.

You are allowed to sue the Landlord if they commit this illegal act.

Good Luck.

Answer 5

You would have to check with the laws in your area. But typically you would be out of luck. The original eviction notice said that she didn't want you as tenets and she's had enough of you. But the rent cheque bouncing was likely the final straw. Even if it was a little oopsy on your mom's bahalf, it's still a bounced cheque and that gives her grounds to evict you. I recommend you review the small print on your least...you're looking for something along the lines of, "if your rent cheque bounces, you will be given three days notice prior to eviction".

I don't know about the laws there, but typically you're at the whim of your landlord...usually perfect behavior earns at leaast 1 month eviction notice, but 3 days could be considered fair if you have a poor history with her. She's probably found another tenent and wants you gone.

By this point, it's not about the money, your land lord wants you gone and if she does take your money then she owes you living space in return for the time you've paid for...she'd rather tell you to forget about it then deal with you for another month.

You probably don't have time to get the lawyer now...You could talk to her...plead. Explain the situation (I know it's not *her* business, but she might have some compassion if you explain the story about your mom gone). If she still insists on giving you the boot, then move and seek out legal counsil.

DEFINATELY do a thorough walk through, take photos of everything! Write notes saying, "fridge working", "stove working", "sink in bathroom drips"... If possible to a walk through with your landlord once you have moved out. I got slapped with a 100$ fee for "smoke damage" in my old apartment...no one smoked...we didn't light candles either. Then a 75$ fee for a missing screen door (the screen door was present when I left...unfortunately someone noticed our screen door wasn't attached so they took it to avoid paying the fee themselves!)

Answer 6

Wow, there is plenty confusion right here with regard to the three-day be conscious. the three day be conscious does no longer mean which you would be able to desire to be long previous interior 3 days. you have gained what's reported as "3 Day be conscious to Pay or quit". right this is how that works. they have served you with this be conscious to show which you're in default of your apartment settlement for failure to pay. in case you pay interior 3 days then each thing is nice and dandy. in case you do no longer pay interior 3 days, this is going to be presumed which you should quit your hire and your landlord will record for an eviction. based upon the approach the place you reside, it ought to take a million - 4 weeks for an eviction order to flow by using. you will obtain a be conscious with regard to the eviction and it's going to provide you an threat to respond in case you desire to contest the eviction. as quickly as you fail to respond, an eviction order would be granted and the owner could have you ever forcibly bumped off. in case you pays interior 3 days, you are able to desire to accomplish that. in case you go away interior 3 days you are able to properly be waiting to dodge an eviction. otherwise, you are able to possibly get away with staying for a million - 4 weeks extra, yet you will finally end up with an eviction on your checklist. 30 days strengthen be conscious purely applies to situations the place you're willfully shifting out without violating the words of the hire. in case you are able to arise with the money in a week or so, communicate on your landlord and notice in case you are able to make preparations. they might somewhat dodge a severe priced eviction technique in the event that they think of they are able to get their money from you.

Answer 7

Hell no a 60 day eviction means nothing, let her evict you through court and have good reason for it, the process could take several months, and if rent been paid on time she must stick to lease.
Trust me on this, she cant move you out in 3 days its an illegal lock out and eviction, you can sue her 3 times the rate for kicking you out and you cant get kick out.

google illegal lock outs too
your in the clear dont let that ********* play you.