3 Days Notice to Quit or Vacate

[countrygirl12]

It usually means that you have to get out.  I would sill call the manager/landlord to check.

 A tenant must vacate and deliver possession to the landlord within three (3) days after service of written notice for
breach of any terms of the rental or lease agreement which cannot be performed or rectified. [Calif. Code of Civil
Procedure §1161(4)]

If he doesn't have any where to go and goes to court he can drag it out for 30 days to 6 months.

[BlackSheepNY]

My friend just received a form from his landlord that reads:

3 Days Notice to Quit or Vacate.....

Then there's a paragraph about smoking in his apartment when the lease agreement states that no one is allowed to smoke inside.

Does this mean he's being evicted?

If not....What does it mean?

Thank you.   

It is basically an eviction notice.  Is there something on that paper that says he can reply to the notice?

My friend just received a form from his landlord that reads:

3 Days Notice to Quit or Vacate.....

Then there's a paragraph about smoking in his apartment when the lease agreement states that no one is allowed to smoke inside.

Does this mean he's being evicted?

If not....What does it mean?

Thank you.   

I'm assuming your friend lives in Utah.  Here is something that might help with the explanation of your friend's notice:

https://www.utcourts.gov/howto/landlord/eviction.html

[camellia0]

I guess it depends on what the lease says. If there is a clause in the lease about smoking, what does it say? Does it mention someone will get evicted if they do so? Read the lease.

[gaylasue]

It sounds like he is being given 3 days to quit or else he will face eviction.  It takes much longer than 3 days in KY to get evicted.  It has to go before the court before an eviction can happen.  I learned that from my parents' rental nightmares.  It has taken as long as 6 months to get an eviction order carried out.

[danmo783]

Well I don't know any place in the USA that allows for a 3 day notice. It sounds like it means, you got 3 days to stop smoking in the place (just go outside), or a REAL EVICTION notice will be issued after those 3 days for breaking the landlord contract.

He can evict, but not in 3 days. That is illegal and he can be sued kicking you out in 72 hours unless you're months behind in rent, then I don't think the courts will favor your pal... I highly doubt this would become a court dispute.

Your friend should have called the landlord ASAP, not stare at the note and wonder what is happening.... LOL

[metsrock69]

It must have been stated before hand. I don't see how anyone can tell someone they can't smoke in their own apartment. I am a non smoker and I wouldn't make up such a rule.

[bigedshult]

It sead in your leas no smoking what do u think that means fif you smoke go out side to do it

[lvstephanie]

Well I don't know any place in the USA that allows for a 3 day notice. It sounds like it means, you got 3 days to stop smoking in the place (just go outside), or a REAL EVICTION notice will be issued after those 3 days for breaking the landlord contract.

He can evict, but not in 3 days. That is illegal and he can be sued kicking you out in 72 hours unless you're months behind in rent, then I don't think the courts will favor your pal... I highly doubt this would become a court dispute.

Your friend should have called the landlord ASAP, not stare at the note and wonder what is happening.... LOL

There are no federal laws regarding how long a landlord must wait before they can evict someone; that is completely a state issue. Furthermore, there are some places that allow a very short waiting period, if such a thing is even coded in law for that state. For example, in MN a landlord can evict a person immediately if they can show that the resident poses a danger to other residents (eg meth lab in the apartment, illegal weapons possession, etc.); in such cases, the suit could be filed and seen by a judge very quickly (similar to police filing for a search warrant or a person filing for an order of protection) such that the eviction process can occur within a few hours after being filed.

Having said that, however, I don't not think that this particular letter is an actual eviction notice. Usually if a person breaks a rule in a lease agreement, the landlord will provide the resident a second chance to correct the situation. In a case where a landlord does give a second chance, they will almost always frame it as an ultimatum; the reasoning is that if a landlord allows a resident to break the contract without any repercussions, it could be deemed as implicit agreement by the landlord to amend the contract whereas the ultimatum will establish in law that the infraction is still against the contract but will be overlooked this one time. When I had a roommate that stopped paying her rent, I had to give her a similar letter with an ultimatum for her to pay back rent by a certain date in order to re-establish the rental agreement.

[cathy37]

I agree with others that it means he must quit smoking in three days or he will be evicted.  The landlord does have to give a 30 day notice to evict someone

[sherryfan]

Sound like he is not suppose to smoke around the property area or he need to leave.

[heypeg]

He cannot be evicted without a court order.

[UGetPaid]

I've seen a lot of replies in this thread with a lot of interpretations. All with good intentions, but many contain incorrect or ill advised information.  Your friend should NOT contact the landlord to find out what this notice means; he/she absolutely should NOT contact the court to see what this notice means.  Your friend should contact an attorney in the area who practices in landlord/tenant law or if there is a local legal aid society, contact them as they likely handle a lot of eviction cases from the tenant's side.


In Ohio, a landlord can give a three day notice to leave the premises ONLY IF the tenant has failed to pay rent.  If the tenant promptly pays the back rent and the landlord accepts payment (he does not have to), the landlord may choose not to file an eviction action in court. If the tenant fails to pay the back rent within three days, the landlord may then file a complaint to evict in the local court after three days have passed since providing the notice. Consistent with the individual court's procedures and scheduling, the matter will be scheduled for an eviction hearing at some later date and the tenant will receive official notice from the Court of that hearing date.  It will not be set immediately, but will likely be within a few weeks or less.  The judge or magistrate will then hear both sides and decide if the tenant violated the lease.  At that point, a move out date will be established (most courts will give the tenant a reasonable amount of time after the hearing date to move out).Again, in Ohio, an eviction for any leave violations other than non-payment of rent requires the landlord to provide a 30 day notice to the tenant -- explaining the violation and giving the tenant 30 days to cure that violation.  If the tenant fails to fix the problem, an eviction complaint can be filed after that 30 days has passed and the matter proceeds in the same manner as above.


Have your friend contact an attorney to take a look at the notice and give an opinion on the legalities of it.

[JediJohnnie]

It's been much longer than 3 days since this topic was started, so what happend after 3 days? Details, girlfriend! We're so invested in this story by now, we gots to know!

[missplaymate618]

Sounds like he either has to quit smoking or leave, but I would ask the Landlord to be sure.

[kimber62372]

Definitely sounds like a warning, not an eviction. He has to obey the rules or move out! Tell him to just not smoke inside the building. If he wants to smoke his cancer sticks to smoke outside and no where near the building either.