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Questions and Professional Answers

Questions and Professional Answers

  • Notice To Quit

    Two notices to quit have been sent to the same tenant. Before the end of the second 30 day quit notice, the landlord filed within the court system. Will the second 30 day quit notice be taken into consideration?
    • Re: Notice To Quit

      Consideration for what? This tenant would appear to have already been given all of the notice that's required.

      Michael E. Hendrickson
      Attorney & Counsellor at Law
      211 North Union Street Suite 100
      Alexandria, VA 22314
  • notice to quit

    I received a notice to quit because the landlord was ordered to vacate me due to her renting to me as an illegal apartment. The landlord’s lawyer sent a constable to my home to serve me with a “notice to quit” the constable did not hand me the notice but handed it to my 16 year old daughter. Is it legal to hand a minor a legal document such as a “notice to quit”?
    • Re: notice to quit

      While this may be tacky, the constable judged the young lady to be of sufficient age and maturity to deliver the paper to you. You got the notice, proving the constable's opinion to be accurate. I see no legal issue here. The constable is an independent agent from the landlord, and allowed to exercise his or her judgment within the bounds of law.The landlady is being forced to evict you, by the sounds of it. This sounds like a "bad situation all around." Make the best of it, which is (I know) easier to say than do.

      Gregory Lee
      Gregory P. Lee, Attorney at Law
      1 Center Plaza
      Boston, MA 02108
  • Notice to Quit, Tenant rights

    On 05-20-02, I was given a Notice to Quit after six years at the same residence. The Notice required departure by June 30, 2002. Can I leave the residence prior to the first of June 2002? Is the Notice to Quit mean that I have from date of given notice to the end of the Notice to vacate? My landlord, contrary to an Attorney is stating that I cannot move until the end of June.
    • Re: Notice to Quit, Tenant rights

      Dear Inquirer:Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.If you haven't already done so, please visit my web site at -- http://home.pacbell.net/edbjr/ ORhttp://www.CaliforniaDivorceAttorney.com The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies). NOW, IN RESPONSE TO YOUR INQUIRY --The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry; however, I wouldsay that you probably can move anytime you want. But that would depend on what the notice says, how it was served, what happened (legally) prior to the notice, et cetera. See a local tenants' rights attorney and bring the lease, notice and any other paperwork with you.Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

      E. Daniel Bors Jr.
      Attorney & Counselor At Law
      24422 Avenida De La Carlota, Suite 310
      Laguna Hills, CA 92653-3638
  • notice to quit

    In PA. notice to quit are supposed to be mailed CERTIF- IED. Since when did our judicial send police to hand deliver notice to quit. Has the law in PA. changed where polic can take te place of lower courts. ''if tenant breaks any lease, each tenant agrees to give up the right to have a notice to leave, also known as notice to quit. The landlord may file a lawsuit in COURT asking for a COURT ORDER evicting the tenant[s] from the leased property.'' The landlord can only evict tenant by court action. Is this the law? If not then what is..?
    • Re: notice to quit

      Probably who delivered the notice to quit was not the police, but a constable. A person may choose to have a constable serve legal papers and other process. The person would have to pay the constable out of their own pocket, so the judicial system is not paying for it.Yes, an eviction may only be by court order. The notice to quit is required in order to file in court. Even though tenants "waive" the notice to quit, in the case you're describing they provided it anyway.

      Charles A. Pascal, Jr.
      Law Office of Charles A. Pascal, Jr.
      P. O. Box 103
      Leechburg, PA 15656-0103
  • Apartment - notice to quit

    If my landlord serves me a 3 days notice to quit. I am responsible for the bill if they used their lawyer to serve the notice. No previous warning or notice was given?
    • Re: Apartment - notice to quit

      If your lease agreement has a prevailing party attorney's fees clause and your breached the lease by failing to pay rent, then a court oculd hold you liable for legal fees. If you vacate before the 3 days is up and the landlord does not have to file an eviction lawsuit, the landlord might need to take you to small claims court to collect the unpaid rent. In a small claims action, the landlord would be a lot less likely to recover his or her legal fees.

      Carl Starrett
      Law Offices of Carl H. Starrett II
      1941-C Friendship Drive
      El Cajon, CA 92020-1144
  • Notice to quit

    My tenant has been served with a notice to quit. He has not paid the rent for two months and refuses to answer any messages left or contacted me. Can I enter the apartment after the date to quit? Thank you for your help
    • Re: Notice to quit

      No, you must go through the eviction process, also called summary process. The Notice to Quit is only the first step in the process.

      Steven Basche
      Jacobs, Walker, Rice & Basche, LLC
      146 Main Street
      Manchester, CT 06042
  • Three day pay or quit after turning in a 30 day notice to move out

    My husband and I have turned in a 30 day notice that we are moving out. If we do not pay the last months rent. Can the landlord serve us with a three day pay or quit notice. We live in California and this is a home rental. Thank you
    • Re: Three day pay or quit after turning in a 30 day notice to move out

      Absent an agreement to the contrary (highly unlikely), the answer is YES. Your security deposit is just that - a deposit to ensure security for the landlord. It is not intended as the last month's rent.Your rent is due in advance. Thus, if you fail to pay the rent timely, you can be subject to service of a three day notice to pay or quit.

      JOHN GUERRINI
      THE GUERRINI LAW FIRM - COLLECTION LAWYERS
      750 EAST GREEN STREET SUITE 200
      Pasadena, CA 91101
    • Re: Three day pay or quit after turning in a 30 day notice to move out

      You are welcome.Mr. Guerrini is absolutely correct.You owe the last month's rent.

      Robert L. Bennett
      Law offices of Robert L. Bennett
      2117 N. Baker St.
      Bakersfield, CA 93305
  • 3 day pay or quit

    our landlord gave us a 3 day pay or quit notice. We had a month to month rental agreement. We asked to have untill Friday to move he said ok. Now hes saying that due to the 3 day pay or quit notice we arent entitles to our securty deposit. Is that true?
    • Re: 3 day pay or quit

      No, not true. You are liable for at least for the rent that would have come due up until the day you moved out. You are also arguably liable for the balance of the rent up until month's end. Anything above that, you should be entitled to a refund, assuming there are no damages to your premises. Different judges interpretet this law differently, but it seems the prevailing view is that you would be liable for rent due up and until months end (because you did not pay your rent in 3 days you were in breach of your rental agreement and therefore liable for rent for the balance of the lease term). You can sue in small claims court for any part of your security deposit that is not returned to you within 21 days of moving out, and could be awarded 3 times that amount.

      Robert Mccoy
      Law Office Of Robert McCoy
      204 N. San Antonio Ave.
      Ontario, CA 91762
    • Re: 3 day pay or quit

      The security deposit technically is only for the cleaning of the unit. For the rent, it is a last month's rental deposit. That amount of the rent that you do not pay can be deducted from the security deposit, but if there is a positive balance in your favor the landlord must pay over that entire portion. Moving out early does not allow the landlord to collect "damages " from you by taking the part of the last months' rent not owed to the landlord. Tell him to show you were in the lease or law it says that his position is correct.

      George Shers
      Law Offices of Georges H. Shers
      4170 Glenwood Terrace, Suite #1
      Union City, CA 94587
    • Re: 3 day pay or quit

      The landlord ("LL") is totally wrong. Security deposits can be used in 3 ways:(1) For unpaid rent;(2) Repairing damages caused by you that do not amount to ordinary wear and tear.(3) Cost ofcleaning, if you leave it dirty, or if it wasn't as clean when you left, as it was when you moved in.Make sure you walk-through with LL when you leave and take notes and pictures. If you don't have a camera, you can get one cheaply at many stores, where you develop the film and throw camera away.It also might be helpful to have a lawyer write the LL a strong letter, becuase he sounds a bit dishonest.

      Robert L. Bennett
      Law offices of Robert L. Bennett
      2117 N. Baker St.
      Bakersfield, CA 93305
  • Ten Day Notice to Perform or Quit

    I have a commercial lease on a unit at an industrial park. I was served with a ''10 Day Notice to Perform or Quit'' stating that I have breached my lease. If I do not cure the breaches to my landlord's satisfaction, does the ''quit'' part of my notice mean I have the option to get out of my lease voluntarily, free and clear or does it mean the landlord will follow with an eviction notice? The breaches are for a mezzanine we built inside the unit without their consent.Can you please post answers by November 27
    • Re: Ten Day Notice to Perform or Quit

      Unless the notice includes a statement that the landlord is terminating the lease it remains in effect and your on responsible for the rent due under the lease until the property is released. If the new rental rate is lower than the rent you are paying you would be liable for the shortfall.

      Lyle Johnson
      Lyle W. Johnson Attorney at Law
      152 N. Third Street, Suite 510
      San Jose, CA 95112
    • Re: Ten Day Notice to Perform or Quit

      "Quit" in a notice to quit means to vacate. You have the option of doing the first part (preforming or paying) or leaving. If you choose to leave the unit, it does not otherwise end the lease and, as stated previously, you are responsible for the remainder of the lease.

      Robert Restivo
      Restivo Law Firm
      707 El Dorado Blvd, Ste 1502
      Houston, TX 77002
    • Re: Ten Day Notice to Perform or Quit

      It means that the landlord wants you to conform to the terms of your lease, and if the lease does not allow the mezzanine, then either remove it within 10 days or leave ("quit") the premises. Note, however, if you elect to simply leave, the landlord may elect to pursue you for the balance of your lease term; if he does that, he must also establish that he has tried to lease it to others and has been unable.

      Judith Deming
      Deming & Associates
      5334 E. Chapman Avenue, Suite 100
      Orange, CA 932869
  • Eviction verson Pay or Quit

    I received a Pay or Quit Notice Monday, Dec 10. The landlord is now claiming it was an evicition notice. They are demanding that I vacate the premises. Is a Pay or Quit Notice the same as an eviction notice. Their grounds for asking me to move are legitimate. I bounced a check on the deposit amount four months ago, and have been making half hearted attempts to repay that amount. I have paid the rent (not always on time) but the landlord has had enough. I am attempting to ask them to let me stay thru the weekend, so I can move out, do I have a legal leg to stand on in this request? Or do I need to leave.
    • Re: Eviction verson Pay or Quit

      A 3-day notice to pay rent or quit is an eviction notice. If the tenant does not pay within 3 days, the landlord can file an unlawful detainer action. Since that takes time, your landlord may be interested in avoiding that cost by agreeing to let you stay through the weekend. The landlord is not legally permitted to evice you physically without a court order.

      Wayne Smith
      Wayne V. R. Smith
      P.O. Box 3219
      Martinez, CA 94553
    • Re: Eviction verson Pay or Quit

      In California the usual way to evict a tenant is through the unlawful detainer action, a court proceeding. An unalwful detainer is initiated by giving the tenant notice. This can be either a three-day notice or a 30-day notice. The three-day notice is only appropriate when the tenant has breached the lease materially or done something else wrong, which seems to be the case here.Therefore, you should regard the notice as a three-day notice. If you are not out in three days the landlord can then file in court and within a few more days get a court order unless you resist by filing an answer. Since your answer would be essentially groundless, you are likely to lose eventually; you can however buy a few more days at the cost of preparing and filing the answer and possibly being liable for greater damages.My recommendation is to figure out how quickly you can realistically promise to vacate, so inform the landlord, and then stick to it.You should also pay all rent for the pro-rated time you're in the place to avoid worse credit reporting than you already may have.

      Bryan Whipple
      Bryan R. R. Whipple, Attorney at Law
      P O Box 318
      Tomales, CA 94971-0318