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Following on from London basics number four which was an introduction to serving notices I'm joined by Tessa sheperson again of Landlord law and this time for number five in Landlord basic series Tessa we're actually going to talk about serving that notice on the tenant because once you've created the notice you then have to physically service what does that entail well the important thing to realize is that one of the most common defenses that a tenant will put in to a claim for possession is I never got the notice so you need to be able to counter that if the tenant claims that they never receive the notice you need to be able to say well actually you did mate because here's the proof so you've got to be able to prove that you'd served it so you need to serve it in a way that can be proved now one way that I would not recommend is just serving it through the ordinary post because things do get lost in the post and it's not possible for you actually to prove that it was delivered by the post office to that person's address now you may have a certificate of posting but that doesn't necessarily mean that it's been delivered the judge may accept the certificate of posting if if the tenant doesn't challenge it but if they do you may be in difficulties so there are a number of ways where you can prove receipt the best one of course is if the tenant actually signs and dates the duplicate notice so you can show that to the judge to prove that they've received it if they do that make sure they date it with the right day because I've known situations where they dated it with the wrong date and then it's looked as if it's been served out of time the way that I often recommend if the tenant won't do that often they'll refuse to do that if there's some you know a problem situation between you as to actually goes through and physically stuff it through the letterbox with an independent witness again if you do that then you have got proof that you can show the judge or witness be able to do a witness statement saying that they witnessed you serving it and they won't be able to deny that they've received it let's be very clear that you shouldn't knock on the door because that could be construed as if you have it's not illegal to serve a notice on someone so yes you can do that but you can actually knock on the door dance about it but if somebody other than the defendant answers the door and I know this sounds ridiculous but if somebody other than the defendant the tenant answers the door like a friend you don't give it to them because you won't be able to prove that they've actually handed.
FAQ
How do I write a 30 day notice to landlord?
Just be up front and do something simple, like:"DATE HEREMr/Ms/Mrs Name HereI wish to thank you for being a good landlord. After a lot of thought, I'm afraid the home I'm in now no longer fits my needs. As per the requirements of my lease, this is my 30 day notice that I will be leaving on INSERT DATE HERE. I will turn in my keys to you on that date. I ask that you perform a move out inspection in my presence so that I can verify any issues you may find during the inspection, and so that I may have an opportunity to fix the problems before you decide to deduct the costs from my security deposit.Again, I thank you for being such a good landlord. I would definitely recommend you to anyone looking for a place to move to.Sincerely,Your Name Here"I would make two copies of it, and probably send the landlord's copy via certified mail so that they cannot say they did not receive it.Hope this helps.D
What are the consequences of not honoring a 30-day move out notice I gave to my landlord?
Read your lease, it is a legal contract. Without 30 days notice, It is likely landlord can demand another month's rent,and enforce it with your security deposit AND ADDITIONAL FOR DAMAGE REPAIR.If you are inexperienced, get an older fart to read your lease to bring reality into your thinking -- we all tend to interpret contracts in our favor and get angry ans shocked when other opibions are closer to legal reality.THIS IS FAIR BECAUSE YOUR 30 DAY NOTICE IS LANDLORD'S OPPORTUNITY TO PREPARE/REPAIR THE PROPERTY TO KEEP HIS INCOME CONSTANT AND KEEP RENT REASONABLE AND COMPETETIVE.This is also fair because you signed the agreement?The more you help your landlorg get the property ready. The better treatment you will get -- offer easy stuff like moving your belongings around so owned can get earliest sccess and get ahead on inspection and getting repairs planned and even started . If you damsged sheetrock, you could spackle it flush and save the owner a half day painters visit $200.00 bare minimum if you invesr $15. Window washing? Super clean. Let owner inspect and maybe negotiate stiff you couls do. (Assuming you can do quality work. If rou ruined something, consider replacing itHe is gonna chatge you for it anyway and you could save his monleying sround to replace an $10.00 lamp sconse. You might do it cheaper, especially if you review your proposed fixes to meer owner's quality needs.There is some psychology involved -- showing owner you want to help his success will affect his attitude toward you. And yes, there are bad landlords. You have to make judgements but your assessment will be better if you talk to owner.
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.
I didn't sign my 30 day notice to my landlord. Is it still good?
It’s fairly unlikely that whether you signed the notice or not will be material, more material would be the method by which you delivered it to the landlord and what the notice itself said.A typical lease provision (or statutory default in the absence of a lease) will just refer to “notice”, which may not even require written notice much less any signed document. Giving written notice is helpful for proof of what the notice said later. Signing a document is evidence in support of authentication, and so it’s a good idea, but it is not the only possible such evidence.Unfortunately, we couldn’t give you actual advice on that without (1) being licensed in the jurisdiction where this is happening, (2) agreeing to accept you for a confidential consulation, and (3) reading the lease and thirty-day notice in question, at a minimum.Another party who could give you a relevant opinion on the “validity” of your notice would be the landlord. If they have accepted the notice, it won’t be likely to matter if it’s “valid”, conversely if they are going to give you a hard time, you might as well find that out now.
How can my roommate give me a 30-day notice to move out if she isn't the landlord and there isn't a rental agreement from the owner of the house that we live in?
If you were both on the lease of the apartment then your roommate cannot do that. If your roommate is the leaseholder and then took you on as a roommate then she may ask you to leave But even that would be difficult once you have established residency. If there is no lease at all then your roommate has no more power than you do. So once again you don’t have a right to ask you to leave. The only way around this would be if one party was to get a restraining order from the court. Then the opposite party would have to leave otherwise they would be in violation of that restraining order. Which would result in jail. But even that would be difficult once you have established residency. If there is no lease at all then your roommate has no more power than you do. So once again you don’t have a right to ask you to leave. The only way around this would be if one party was to get a restraining order from the court. Then the opposite party would have to leave otherwise they would be in violation of that restraining order. Which would result in jail
What should I expect after giving 30 day notice to my landlord?
I would contact the landlord and ask about their move out process. The best practice would probably be to have a quick walk through with the same form that listed the property condition on move in (eg in your move in packet)‡ then you could both note what was damaged prior or during the tenancy (or wear and tear). If unfurnished, it should be empty, clean and how you got it. You can hand off the keys and mention any address issues (have your change of address done and utilities switched if any)But landlords vary in their practices, so you might suggest this move out procedure even if the landlord does not and then you can set a date so you don’t worry about a random time or the landlord dropping by. If you are worried about the deposit or any issue, you can start documenting and photographing to help should there be a deposit damage issue. Best of luck.
How long after 30 day notice does landlord have to file an unlawful detainer in a rent controlled apartment?
You just stated that he gave you 6 of them.So you had notice.The landlord doesn’t have to act immediately on any notice.Since you’ve been there more than one year, the notice was at least 60 days before ‡ probably 65, courts are not instantaneous, even though an unlawful detainer is usually handled quickly.It’s typically about 5 business days, and you received it on a Wednesday ‡ Fridays are pretty common to batch up detainer motions (they’re summary motions).So call it a 60 day notice on or around December 22nd of last year.Note that since it’s rent controlled, he likely believes he has sufficient evidence that he can proceed with a for-cause eviction for a lease violation.As examples:If the lease says no smoking in the apartment or on the property, and you smoked outside, but not off the property, and he has pictures, that’d count as a lease violation on your part.If the lease says no storage of bicycles under the stairs, and there’s one there: lease violation.If the lease says no storage of items on the balcony, and you have items there: lease violation.Etc.Hopefully, you have a copy of your lease handy. Note that, unless the lease states otherwise: there’s no statutory requirement of a “notice to cure”, to let you correct the problem, rather than facing eviction.Here’s the overall process:Notice to quit posted/served to you by the landlord3 day notice to quit for a lease violation30 day notice to quit if you lived there under a year60 day notice to quit if over a yearFiling a motion for unlawful detainerService of a copy of the landlords summons and complaint5 day clock started on written response to the courtCourt moves forward with summary judgement, if:no written responsewritten response deemed inadequate by the courtIf written response is sufficient additional court process:Court dateSummonsDay in courtCourt judgementIf Summary judgement, or court judgement in favor of landlord:writ of possession and judgement sent to tenantstart of 5 day clockSheriff shows up to remove you and your possessionsAre you sure you didn’t just get a summons and complaint?If you did, you’d better respond in under 5 days from the date of the summons and complaint ‡ that likely means Thursday or Friday of this week.I suggest you contact an attorney or tenants rights organization immediately.See also California Department of Consumer Affairs: The Eviction ProcessBy the way: if the landlord can prove a lease violation ‡ however minor, followed by a notice ‡ well, you’d better be looking for a new place to live.
My landlord asked us to move out in 5 weeks, but informed us over SMS instead of serving us a 30 or 60-day notice. What happens if we don't move out?
The dominant rule would be the clauses of your lease, followed by state and local law regarding renter's rights.The lease is a contract until the end of a rental period, usually rounded to whole years. The lease may have clauses specifying the termination in this scenario.In the grand scheme of things, the landlord's slip up on 'form of notice' gives you some angle for dispute.This notice was today. You may want to wait until that week of slack time has elapsed before pitching the idea of exiting a week later than June 4. The proper notice may be in the mail today, or else be mailed the moment you note the problem.In the real world, most people just want things to go smoothly. Your orderly exit allows the sale to occur. Your positive approach to an orderly exit a week later than ideal is still orderly, and the landlord may thank heaven for it.
Given 60 day notice intending to sell unit. Landlord says I still have to give her a 30 day notice. Is this correct?
Is the notice you received a quit notice?Or is it just a change of ownership notification?In many cases, if the actual ownership of the rental changes, your lease contract may remain in effect, if the new owner wishes to keep it occupied.The choices are:Owner sells, new owner plans to live in the unit, your lease dissolves with the sale.Owner sells, new owner wants to keep the unit rented, your original lease terms stay in place (as far as expiration and cost), and the assets including your deposit, get transferred to the new owner.Owner sells, you wish to vacate, and the new owner is willing to let you dissolve your contract.However, (in most states) what cannot happen is:Owner sells, the new owner wishes to re-neogotiate the lease terms (unless you agree, and sign a new lease with new terms)Owner sells, you try to get out of the lease in bad faith, and the new owner does not allow it.If you’re on a lease with no term expiration (like month to month) then yes, you can quit per the terms of the lease. If it says 30 days notice, you must pr30 days notice. You prnotice to whomever owns the unit at the start of the 30 days, not whomever would own it at the end. And, I assume since you probably have to pay rent at the start of each term, you can prnotice while you pay for that term.