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olmos | If I previously made a 30 day notice to leave my apartment, can they give me a vacate to leave in three days?! |
I gave a 30 notice the 16th of Jan. stating that I would be leaving my apartment. I was told by the manager that it had to be a 30 day notice. I signed and dated this letter in front of her. I came home from work last night to see a 3 day to Vacate notice on my counter signed by the apartment owner. Is this possible if i had already prevoiusly set in writing my move out date?! |
 |
 
Landlord
|
Did you pay your rent Feb1st? The 3 day notice is usually associated with non-payment and is given before the eviction lawsuit is filed. |
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originalkippyj
|
Is it a legal notice to Vacate (official government form)? If not, then it's not likely to be binding.
In the U.S., the landlord has to give you a "notice to quit," and it provides 30 days, not three.
Call your local tenant/landlord association or legal aid for laws in your area. |
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A S
 |
Basically NO. Have you got a contract or agreement in writing saying how much notice your manager has to give?
Sounds like their doing it to conteract your notice and their trying to pull a fast one on you. You could contact the police to clarify, and then get them to speak to the manager? Take both notices, the one you signed and dated and the one from her to the police. |
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MM
|
You said you gave notice Jan 16 which means your move out date should be Feb 15 right, which is is coming up next week. Maybe the manager is confused. Just ask them.
Also for future reference, you should always make yourself copies of legally binding documents, such as the "letter" you signed and dated. |
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fdm215
 |
You need to consult your lease. If you don't have a lease you are probably operating under a month-to-month tenancy. This usually means either party can end the agreement but must give a month's notice of the intent to change. Did you get a receipt for the letter of notice you gave? Otherwise you will be unable to prove you gave the 30 day notice.
Also, look for a tenant action group in your town. They will be able to advise you |
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goz1111
|
OK, assuming this is in the USA few things
1. Did the owner give proper notice to enter your unit and place the notice on the counter?
2. depending on your state, some states can require a full month notice i.e. full 30 days, meaning if you wanted out on the end of Jan you would had to give notice by end of Dec, same for out by feb, would had to give notice by end of Jan, now some other states are a straight 30/21 days meaning those days right after notice is given
3. on the three day to vacate, what is the reason to vacate is it non-payment of rent if so, if you plan on using your SD for last rent, the landlord does not have to allow this and can move for eviction , if another reason doubt it is valid |
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Stephen M
|
they can give you a 30 day notice yes but! they can not give you a three day notice thats wrong! just go ask any lawer they will tell you the same thing. it won't cost anything to ask a lawer trust. |
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_nicole_
 |
It is very possible if you did not pay your rent! If your letter was dated Jan. 16th, you are responsible for rent until Feb. 16th. with that 30 day notice letter. If Feb. rent hasn't been paid, you should have received a notice to quit letter. You probably need to pay February's rent. Call the office and talk to them. You want to take care of this so it does not go to court. If it does, it will go on your credit, hurt your score and haunt you for years to come.
Good Luck! |
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Expert Realtor
 |
No...she can't do that...it's an illegal eviction.
Don't move...and if you, by chance, come home from work and find out that she has locked you out, the police department is who you call.
They will inform her she has to go through the civil court system to evict you (which she won't do b/c that will cost her money and you have already agreed to leave) and they will order her to unlock the residence or give you permission to break into it...regardless if it damages the property or not.
Keep in mind that there is so much myth that goes around about landlord/tenant law...and SO MANY people believe it, that tenants rarely know what their true rights are and rarely challenge them.
You won't find in any state, where a 3 day eviction is legal.
However, be sure to pay her everything you owe...do everything by check, not cash.
Take PICTURES with a camera that dates them when you move out to document the condition, so she doesn't try to "get you" there.
PS: A "notice to quit" is NOT everywhere in the USA and rental laws are LOCAL in nature. There is no such thing as a Federal rental law...only in regards to discrimination and class protection.
In my state, and in most states that I have lived, a "notice to quit" is not necessary b/c the law states that the intial lease is the only notice that you should be given and you can start the eviction process the day after a tenant falls 30 days past due in rent. |
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