Can my landlord evict me after a 3-day notice?

By Tenant

There is a widespread confusion on the what the 3-day notice is about. As a tenant, I would dread the day when my landlord will mail me a 3-day notice because I was a little delayed on the rent. But as it appears, a 3-day notice is only given as a reminder that a payment is late or it is incomplete. There are many ways that you can prevent the mailing of such a notice. For instance, you can talk to your landlord and discuss the possibility of an extension. Well, this worked for me but I had to pay late fees and all that. I know it was my fault since it is my responsibility to make sure that I make the payments on time so I paid the fees.

 

Correcting Myths on the 3-Day Notice

 

Once the 3-Day notice is up, you will not be evicted or locked out. In fact, the 3-day notice is just the beginning of a lengthy process that will ultimately lead to your eviction – if you do not pay up.

After three days of no payment or no negotiation coming from your end, the landlord can then move to filing for a formal eviction process. You don’t want this to happen because if a resolution is handed down from the court, you will be evicted, your credit score will be affected and depending on how the notice was stipulated, you might also be charged for the landlord’s court costs.

In short, you will be made to pay more than the rent and your credit history will also be stained for a few years.

However, if you feel that the 3-day notice has been incorrectly used by your landlord, then it is your right to file for a complaint.

When Should You File for a Complaint

  • You file for a complaint if you are forcefully evicted after the 3-day notice. Always keep in mind that the notice is only supposed to be a reminder to pay up; otherwise, an eviction case will be filed against you.
  • If you already have your rent, plus late charges, but your landlord will not accept it and decided to still proceed with the legal actions then you should file for a complaint. You want to make sure that you intention to pay up is well documented in order to hold valid proof in court. Remember that an illegal detainer action must only be filed if you do not pay up or move out.
  • If you have been locked out. Your landlord cannot lock you out at anytime, and without the final decisions to your eviction case.

To file for a formal complaint, use the same link that I used: http://www.rentalprotectionagency.com/complaint_center.php. After filing, the RPA will step in and help you find a solution to your rental concerns.

PS: I used RPA’s services when I got into the same trouble with my landlord and I must say, I was truly satisfied with them. I paid $35 as a filing fee but I think that was better than having to face lawsuits and pay for lawyers.

Edited on: Monday, February 4th, 2013 7:40 pm

25 Responses to “Can my landlord evict me after a 3-day notice?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Anonymous

February 4th, 2013 8:00 pm

Thank you for this very informative article! I had fun reading it and the fact that I am learning from your experience. Thank you so much.


Anonymous

February 5th, 2013 3:40 pm

So I would have to wait six months to a year before I could legally get my tenant out. Oh the joys of being a landlord!


Anonymous

February 6th, 2013 11:20 am

There are just so many laws protecting tenants, but what about the landlords? It’s not our fault that you couldn?t pay your rent on time. So stop acting like you’re the only victim here.


Anonymous

February 7th, 2013 7:00 am

Can I use my deposit as payment for the month’s rent? I will be a bit behind because of some financial harships. My husband lost his job and we have children to feed and sent to school. Do you think my landlord will accept this request? I don?t want to be served with a 3-day notice.


Anonymous

February 8th, 2013 2:40 am

Why not just pay up ontime instead of being bugged down with accumulated rent plus penalties and other charges? I think your rent is just as important as the rest of your expenses. Besides, rental history is I think part of your credit rating so it’s actually more important than what you think.


Anonymous

February 8th, 2013 10:00 pm

Hmm.. This is interesting. So apparently, I have a reason to file for a complaint since my landlord locked me out 3 days after he sent me the notice. I will do that right now. Thanks!


Anonymous

February 9th, 2013 5:20 pm

If I move out, will my landlord still evict me? I don’t think so but am I right? I just want to be sure. Also, I know that I would have to pay rent but can I do that after I leave?


Anonymous

February 10th, 2013 1:00 pm

I just want to share that if you want to move out once served with the 3-day notice, it is best to leave the place in excellent condition. Damages should be repaired, if there are any. If you do these, most landlords may just write it off and then move forward. The problem is, you might not get your deposit back but that may also mean that you won’t owe anything either. So it just depends on how you negotiate with your landlord. If you are not very good at negotiations,then yes, I think the RPA is a great organization that can help you out.


Anonymous

February 11th, 2013 8:40 am

If you think that you’re going to be late with the month’s rent then it is best to talk to your landlord first. You need to explain the situation and hopefully, your landlord will give you an extension. However, do not expect that all landlords will be like that because they will treat the rental as their business. In case the negotiation does not work to your advantage and you feel that you have been injustly treated then you should file for a complaint with the RPA.


Anonymous

February 12th, 2013 4:20 am

Pay up or leave – simple as that. Why make it complicated? The landlord is just doing his business and if you are not being helpful, then he has no reason to still want you in the lease agreement.


Anonymous

February 13th, 2013 12:00 am

Why is it that nobody cares to leave their state information? The law depends on every state so there is no definite answer as to what will happen next or what you can legally do about it. Does the RPA know about the tenant law in every state? I hope that they do.


Anonymous

February 13th, 2013 10:40 pm

The RPA represents all 50 states so they should know what they’re doing.


Anonymous

February 14th, 2013 6:20 pm

Thank you for this very informative article! I had fun reading it and the fact that I am learning from your experience. Thank you so much.


Anonymous

February 15th, 2013 1:40 pm

So I would have to wait six months to a year before I could legally get my tenant out. Oh the joys of being a landlord!


Anonymous

February 16th, 2013 9:20 am

There are just so many laws protecting tenants, but what about the landlords? It’s not our fault that you couldn?t pay your rent on time. So stop acting like you’re the only victim here.


Anonymous

February 17th, 2013 5:00 am

Can I use my deposit as payment for the month’s rent? I will be a bit behind because of some financial harships. My husband lost his job and we have children to feed and sent to school. Do you think my landlord will accept this request? I don?t want to be served with a 3-day notice.


Anonymous

February 18th, 2013 1:42 am

Why not just pay up ontime instead of being bugged down with accumulated rent plus penalties and other charges? I think your rent is just as important as the rest of your expenses. Besides, rental history is I think part of your credit rating so it’s actually more important than what you think.


Anonymous

February 18th, 2013 9:20 pm

Hmm.. This is interesting. So apparently, I have a reason to file for a complaint since my landlord locked me out 3 days after he sent me the notice. I will do that right now. Thanks!


Anonymous

February 19th, 2013 5:00 pm

If I move out, will my landlord still evict me? I don’t think so but am I right? I just want to be sure. Also, I know that I would have to pay rent but can I do that after I leave?


Anonymous

February 20th, 2013 12:20 pm

I just want to share that if you want to move out once served with the 3-day notice, it is best to leave the place in excellent condition. Damages should be repaired, if there are any. If you do these, most landlords may just write it off and then move forward. The problem is, you might not get your deposit back but that may also mean that you won’t owe anything either. So it just depends on how you negotiate with your landlord. If you are not very good at negotiations,then yes, I think the RPA is a great organization that can help you out.


Anonymous

February 21st, 2013 8:00 am

If you think that you’re going to be late with the month’s rent then it is best to talk to your landlord first. You need to explain the situation and hopefully, your landlord will give you an extension. However, do not expect that all landlords will be like that because they will treat the rental as their business. In case the negotiation does not work to your advantage and you feel that you have been injustly treated then you should file for a complaint with the RPA.


Anonymous

February 22nd, 2013 3:40 am

Pay up or leave – simple as that. Why make it complicated? The landlord is just doing his business and if you are not being helpful, then he has no reason to still want you in the lease agreement.


Anonymous

February 22nd, 2013 11:20 pm

Why is it that nobody cares to leave their state information? The law depends on every state so there is no definite answer as to what will happen next or what you can legally do about it. Does the RPA know about the tenant law in every state? I hope that they do.


Anonymous

February 23rd, 2013 7:00 pm

The RPA represents all 50 states so they should know what they’re doing.


JamieLeeHen

May 15th, 2013 12:34 pm

My landlord called me and said i have three days to get my stuff out of the house. I got a few necessities out the first day . the second day i went to get furniture and all of my clothes etc. and my landlord had changed the locks on the house. Everything i had owned was left in the house , two toddler beds , one baby crib , all my childrens toys , all of our dishes , things from our wedding, food , a couch, two large area rugs , bathroom and kitchen rugs, everything . What is a reasonible amount of money to counter sue for. the landlord is taking me to court for a broken door so i am going to counter sue for my things he has claimed . He verbally evicted me and changed the lock two days after the verbal warning to move out in three days, his reason for eviction was for a family violence inccident ? anyone know what i should do first ? im only 27 and havent experienced anaything like this before and i think that is why he is doing this because he knows i am young and thinks i am dumb???


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