Video instructions and help with filling out and completing 30 Day Notice to Vacate

Instructions and Help about 30 Day Notice to Vacate

Hello this is Michael alder from taking action today calm and in this video I want to show you how to fill out and serve a three-day eviction notice for your rental properties now this video is strictly just as a basic overview guide you should always always always seek legal counsel when you're doing this so talk to your attorneys but this is just a video to give you an idea of how the process works and how I handle these situations in my own investing so here we have a notice to leave premises so - and this is where you would write your tenants name so I say to 9 pay tenant whatever their name be maybe Jane Doe whatever says I wish you to leave the following describe premises now in your occupation situated in the so for me it would be the city of most of my investments are in Cleveland County of so for us that would be Cuyahoga and the state of Ohio so you put whatever state you're in if you're not in Ohio as known as this is where you put the address so 1 2 3 Main Street Cleveland Ohio whatever your zip code is together with the lot of land what on which said blank is situated so if it's a single-family home just write single-family home state reason for eviction it's pretty self-explanatory there in most cases it's going to be non-payment of rent your compliance with this notice within it's a three day notice so you want to write three days after its service will prevent any legal measuring measures being taken by the undersigned to obtain possession and not only do you you know write three bytes spell it out to just so there's no question about it hmm you are being asked to leave the premises if you do not leave an eviction action may be initiated against you if you are in doubt regarding your legal rights and obligations as a tenant it is recommended that you seek legal assistance now I have never been lucky enough to have someone move out in three days so after that you need to jump on the phone with your real estate attorney and have them go ahead and move forward with the eviction I don't do them personally because it's a pain in the butt I usually have to show up but if you show up with your attorney you usually have everything in the bag and that's why we have attorneys um I usually pay you know anywhere from three to 350 and I use two different attorneys because I'm investing in two different counties and each one of them charges me about the same so you know expect to pay somewhere around that to hire your attorney and have them help you out with the eviction yours respectfully write down whatever name the property is in if it's in your personal name you

FAQ

What can I start today that will benefit me for a lifetime?
Drink a glass of warm water every morning on an empty stomach - This activity releases the toxins from your body and is a good way to control your weightPlan your Day - Trust me, this will boost your productivity to the max.This is how a typical day goes for me. Each and every activity has been allotted a particular time, no matter how small it is. It is very much possible that your routine may get disrupted (as you can see that I have missed my online course). Compensate any missed activity in the next day. Also, write down at the end of the day how you felt and where you were lacking.Wake up Early - My routine shows that I wake up at 5:45 AM but 5 AM to 6 AM is considered to be the golden hour. I am still trying to tune my sleep cycle accordingly.Meditate - Just sit silently without any gadgets and the fan switched off for 5 minutes. Increases your concentration. Try this for a month and observe the changes.Read - These are the kind of books that I read these days:Some audiobooks are there as well. These give me a different perspective towards life and everyday after reading them, I get motivated to start my next day.Avoid Screens an Hour before Bedtime - Laptop and mobile screens emit bluelight which hampers your sleep. Switch off your devices and read a book. Reading will guarantee a good night’s sleep.Motivate yourself Everyday -People often say that motivation doesn't last. Well, neither does bathing - that's why we recommend it daily. - Zig ZiglarI have included a time slot for watching motivational videos everyday in my schedule. Follow YouTube channels like Practical Psychology, Gary Vaynerchuk, Evan Carmichael, Improvement Pill, TEDx etc.Devote some of your time to developing a skill that you like - Most of us are in jobs that we hate. So, we complain that we don’t have the time to do what we love. For me, it is writing. I dedicate some amount of my time on Quora and some on online courses on writing from Udemy and Coursera.Maintain a Black Book - Its a secret book/word document which I maintain to record my personal goals and my lessons from my faults in the past. Nobody has time to repeat the same mistake twice. So better not forget them. Write them down. Read it every week, specially when you are bored, homesick or sad. Additions, if any, must also be done on a weekly basis. You should record how far you have traveled on your road to personal success/goals, even though they are baby steps.And finally….Self-Talk your way to Success - Your mind is the only place where you can criticize and judge yourself without any inhibitions. It should playback like a recorder every single time. Self-talking will give you the biggest boost of motivation.
How do I get rid of a tenant with no lease renting on a month to month basis, after being give 30 day notice to vacate legal for when can I change locks?
As most of the answers have stated, the applicable law in your jurisdiction will determine the difficulty - there are attorneys that specialize in landlord-tenant law, and they have the machinery honed for the particular laws in your area. If you want to DIY, start with the Nolo Press book for Landlords. It has all the forms and general instructions on how to proceed. The best method and cheapest is to induce the tenant to leave by making sure he understands that once he is force-ably evicted, he will have one hell if a time finding another landlord that will accept him. Almost all landlords now use one of the services that digs up all the dirt on a prospective tenant, and almost no Landlord will rent to anyone who has put another landlord in the position of having to pursue an eviction. The time tables are different in different jx. In Calif its 3 days on defaults and 60 days if the tenant has been in possession for more than a year. Other states it’s 7 days before a NOTICE OF DEFAULT can be served. If the the tenant not is not in default, many states now required a 60 day notice. If the tenat ignores the notice, then you proceed with the action by serving a notice of default for failure to vacate, Never enter into any kind of murky agreement oral or written, that can be interpreted as giving the tenant any sort of option in any way - this automatically can be used to defeat a summary proceeding for eviction - then your looking at months of litigation in a complex case that can be stalled for a long time. Never do anything that will allow the tenant to raise a counter claim like changing the locks or turning off the utilities - he can then counter for punitive damages, vindictive eviction, you name it. These all add to time required to recover possession. The secret of success on a summary proceeding is to follow the prescribed procedure precisely - make sure the tenant and all other occupants are properly served - any defect in the service and you will have to start all over. If a tenant fights the eviction, usually you won’t get possession in any time less than two months from the date you first served the first notice.
I lived with my uncle for 2 years. I paid rent from time to time. He told me to move out without notice. I have nowhere to go. What are my rights?
It depends where you live.In New York, if you have prove of rent payment and your uncle took the money, a 30 day notice to vacate premise is needed. However, you do not need to move after the 30 day is over. It just means that your uncle can now go to court and file a holdover case. You will receive a petition in the mail or served to you by a third party or hang on your door. You have a certain amount of days to answer the petition and get a court date. You will go to court and usually a stipulation is signed in agreement on the move out date. You can provide documentation that you tried to find a new residence but was unsuccessful and the agree date to move out is near, you can request to file a order to show cause form and request a new court date. If the judge is a cool one and agrees to a new court date, you can possibly get a new stipulation agreement for more time.In the event that your uncle start a court case without the 30 day notice or you were not properly served and only found out because of the Marshal notice, you must go to court and fill out a order to show cause stating that you were improperly served and ask for the judgement to be vacated.Only a marshal can evict you. If your uncle throws you out contact the police and go to court to file for illegal lockout. There is also harassment forms and HP action forms for harassment and lack of repairs/essentials.If you don't have proof of rent payment, you still have squatter rights. Same procedure, except its not a 30-day notice to vacate but less. Forgot how many days the notice should be.
What is the most pretentious/snobbiest thing you have ever overheard from a stranger?
I can’t believe people do their grocery shopping here!Typical Wednesday or Thursday. Standing in line at the Dollar Tree, keeping myself occupied during my wait to check out by looking at the colorful Mylar balloons and remembering all the times I bought them for my family. Long gone.In my own little world. Nothing coming in, nothing going out. My buddy behind me… tapping my shoulder to get my attention.Daydreaming is over and I turn to see what he wants. He motions at a couple behind us. I see a few cards in their hands. Wrapping paper and gift bags. I went to motion them ahead like I always do when the person behind me has a few items. Before I could say anything Dave told me to listen to them.The woman was on the phone, the man stood tapping his toes and rolling his eyes, obviously impatient. They were well dressed… not unusual… every type of person likes a good deal. I turned back to my stuffed cart and listened to her conversation. It wasn’t hard to hear. Overly dramatic and purposely loud.“I can’t believe people do their grocery shopping here” said with total disdain. I looked in my own buggy. Full of Vienna sausages and potato chips and off brand pop tarts. Pasta mixes, frozen dinners, instant potatoes. Drink mixes. Canned vegetables. I was one of those people who had to shop there.I hadn’t always been one of them. I had a great life and made lots of money, I had a family that said they loved me, a big inground pool and nice cars. I went on nice vacations and bought whatever I wanted whenever I wanted it. But that all changed when my wife talked me into moving away to a place where I couldn’t find a decent job, spent all of my savings and even cashed out my 401k to send her kids to college. I moved back to Philly alone, with not much more than the clothes on my back.I knew how I looked. Guy in his 50s… filthy and exhausted from work. Bloody knuckles. going through a major depression. Staring silently at the 30–40 dollars worth of cheap food in my cart. Food that would have to last me about 2 weeks before I could afford to get more. Long gone were the days when I was able to fill up huge carts with anything and everything I wanted.Her harpy voice still echoing in my head.I felt miserable. Sad. Ashamed. For her, not me. I was next to check out… I put on my nicest smile and told her to go ahead of me. She glanced at my friend behind me and he nodded. Without a word, a thank you or a fuck you, she stepped up and put her items on the counter. All the time still criticizing the lower class on her expensive phone.She paid and I could see her getting into her car as I stacked my things on the counter. A nice Mercedes. A big car for a very small person. Spoiled and callous. Oblivious to the fact she was doing exactly what everyone else was doing in there. Trying to save a few bucks.She was poor. Not money wise. But in all the ways that really mattered. She noticed how empty my pockets were, but not her own heart.
When do you decide to give a tenant 30-day vacate notice vs 60-day vacate notice in NYC?
For a "month-to month" tenancy, all that is required is 30 days' notice to terminate the lease. It does not matter how long the tenant was in occupancy, nor does it matter whether the tenant believes that 30 days is "reasonable," since the law establishes 30 days as a reasonable time for a tenant to vacate after receiving notice.
Can I file an eviction notice after a 30-day notice to vacate the property?
Read your local city or state landlord tenant law. They will outline the eviction process in detail for you. You should read and know them all anyways if you are renting property, to protect yourself from costly mistakes.In many areas, it is actually quite easy to do yourself, at the local court, but you do have to follow each step perfectly, or you might have your case thrown out.In some areas, there is a law firm that specializes in this. In Phoenix, where I do business, there is firm that does it for like $150 or something. At that price, I used them, even though I know how to do it myself, because it wasn’t worth my time to drive across town two or three times to file and go to court in the proper local court, 25 miles from where I live.
Does a landlord need to give a 30 day vacate notice before proceeding to evict?
It may depend on the state where you live, and on the situation.In Texas, only 3 full days are required… the landlord can file on the fourth day if he wants.If you are month-to-month AND you have done nothing wrong, the landlord can require you to move by giving at least 30-days notice. It can be for any reason or no reason at all. You are a Tenant At Sufferance.But if you have done anything wrong (like late rent), that’s out the window and he’s back to an immediate 3-day eviction notice.If you’re willing to get all your belongings stacked at the curb by strangers, and have a judgment against you for 10 years, you can wait out the entire eviction process, which takes about six weeks in Texas.Once you have failed to comply with a 3-day eviction notice and a suit is filed, it moves forward after that, even if you pay up everything you owe while waiting for trial or move out while waiting.In some other states, putting you and all you own out to the curb takes significantly longer, but you still have the downsides mentioned above when the dust settles.
Does a tenant need to give 30 day notice to vacate during the eviction process?
As with all legal answers, the law is different in every jurisdiction, so no one here will be able to give you a definitive answer.In most jurisdictions, if the rental agreement is silent, and if the tenant has already been advised to leave, they are under no further obligation to provide a date at which they are going to leave, they are expected to vacate immediately.   Now, it's clear with this tenant that they want to extend their unwelcome stay as long as possible, so the eviction hearing is appropriate."Consistent late payments" is interesting.  Is this something that is part of your rental agreement?  If not, it should be.  In other words, you should have something like "Consistent late payments shall be defined as X or more late payments in a Y-month period, holidays and office closures notwithstanding" (you define X and Y).  Hopefully, it's already in your contract.Anyway, if your tenant vacates before the eviction hearing can take place, your eviction hearing will usually just be converted to a breach of contract case, and you can use it to collect any back rent due, or any damages to the unit, and any other expenses that the pre-eviction vacation caused.  You will have to use the hearing to collect any rent due caused by the tenant living in the unit beyond the rental period, as I'm certain the tenant will not pay rent when there is no contract.You have notified the tenant as required by statute that you will not be continuing the periodic lease.  Failure to vacate is proper grounds for eviction.
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