Can my landlord evict me after a 3-day notice?
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.
Republished by Blog Post Promoter
Edited on: Sunday, April 19th, 2015 6:00 pm
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