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crosie58 | I want to know if a tenant can be evicted without notice.? |
I am only 10 days late and the landlord has said that she is going to the marshal to evict. |
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Landlord
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10 days is a lot of days.
She can start the eviction now, but the marshall will not remove you for a couple of weeks. |
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I Buy And Sell Houses
 |
As the others say, what your landlord can do is begin the eviction process. That usually begins with a notice to pay or quit--usually a 3 or 5 day notice either to pay what you owe or leave. If you fail to pay within the allotted time frame, your landlord will then go to court. If she's able to show that you were late paying your rent and that she's taken the formal steps to notify you (the pay or quit notice), the judge will authorize the eviction. And then the sheriff or marshal evicts you.
Beyond that, of course, you ask whether you can be evicted "without notice" although you also say that "the landlord has said that she is going to the marshal." Granted, that's not formal, written notice. And so legally it doesn't count. But c'mon. She's notified you that she's beginning eviction proceedings.
And as the others say, 10 days late is late.
Also: Read your lease. You probably now owe a late fee or penalty. And you'd better pay that, too. Let's say your rent is $500 a month, and there's a $50 late fee. If at this point you give your landlord $500, you haven't paid in full. There's still a balance outstanding. Then, next month, if you pay $500 on time, you'll still be hit with a late fee, since the first $50 will go to last month's late fee, leaving a payment of only $450 for the next month.
Pay in full. |
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maxmom56
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No. She has to bring an eviction action in court. |
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Obamas Shoes
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No they can't. I wish it was that easy. It could be different if you are living in her home though. |
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goz1111
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The Marshall may only remove you once a judge has issued a court order to evict, the landlord does not have the authority to order the Marshall to evict you |
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chatsplas
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ONLY ten days late! Most leases you are VERY late--after 4 days you are late and incur penalties and fees. LL can institute eviction NOW. But she has to go through all the steps, ending with the marshal evicting you. |
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motivation
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she meant she was going to start the eviction process. (ya got 30 days once you recieve notice)
ONLY10 days late? landlords dont want tenants that cant pay on time.
Its very stressful. Be a good tenant and pay on time. |
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JP
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Only 10 days? Okay, maybe the landlord should call the bank and tell them he's only 10 days behind. You think the bank cares?
10 days is 9 days too late. He should file eviction and rent to someone who abides by the lease. He should also charge you the late fees and and file a suit to get the rent. |
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bluesky9
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Your lease agreement should specify that. Normally and by law they need to serve you an eviction notice...they can't just have a marshal come over and boot you out. |
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