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Discussion Boards => Off-Topic => Topic started by: sherryinutah on May 06, 2016, 07:25:18 pm
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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. :heart:
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I don't think he is getting evicted. Most landlords will give a warning if the tenant commits an offense (like having animals, noise, etc)... "3 Days Notice to Quit or Vacate" sounds like he is given 3 days to cease smoking inside the building or he could leave the place (move out).. Doesn't mean that he is evicted, it is a warning
Ask him to call his landlord if he is not sure... Better to ask than assume
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I'm really not sure. I think a landlord must give you at least 30 days notice to vacate. I would call the courthouse in your area to make sure.
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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. :heart:
How would we know. He would have to ask his landlord. The person who wrote the letter. Usually you would have to be given more than 3 days to vacate. It would be almost impossible to pack and move that quickly even if you already had some where else to go. I am so glad I own my own home and I do not have to live under someone else's rules.
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The landlord is saying: You have 3 days to cease smoking or you must leave the premises. Perhaps he means: if you don't quit smoking in three days, you will receive an eviction notice. Then the tenant will have whatever number of days are designated in the lease agreement to leave the apartment. He should really talk to the landlord though.
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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)]
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Since it says "Quit OR Vacate", I don't think that means they're necessarily evicted. The "OR" makes it sound as if there is an option to do one or the other.
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Sounds like he broke the rules and needs to quit smoking in 3 days or move.
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My guess is that your friend has possibly broken a contract by smoking in the building and the landlord is giving an ultimatum, either your friends quits smoking in the building, or they move out. It does sound a little harsh but I guess the landlord does get to call the shots. The landlord is probably just thinking of his investment when he writes into a contract no smoking or no pets, and wouldn't he? If your friend wants to smoke inside the house, and why not, they have every right to do what they want, they should either find another home or consider just not smoking in the building.
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I agree with Penwoir. Your friend has probably had several verbal warnings. And the landlord has had enough. If it's in the lease than the friend will have to abide or be issued an eviction notice. If I were him I would discuss what this means directly with the landlord. Or even a real estate attorney to know what he could be in for.
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its the legal way he has to go about getting the person to stop smoking n the apartment. if they dont stop smoking they get evicted...
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That is exactly what it means and he has 3 days to get out!
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Why doesn't he just ask the landlord?
The 'or' part makes it an option. So he can choose to quit violating, or he can choose to leave.
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I don't know for sure but I think it means to immediately quit smoking in his apartment or he will be evicted. I think if he never smokes in there again he will be alright.
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Are they sure the Landlord left this message? They can't evict a person and expect them to be gone in 3 days. It's against the law. They should go to the Landlord to see if they left the message and if so what does it mean and why.
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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.
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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. :heart:
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. :heart:
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
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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.
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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.
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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
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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.
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It sead in your leas no smoking what do u think that means fif you smoke go out side to do it
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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.
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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
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Sound like he is not suppose to smoke around the property area or he need to leave.
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He cannot be evicted without a court order.
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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.
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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! ???
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Sounds like he either has to quit smoking or leave, but I would ask the Landlord to be sure.
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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.
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I am not sure what because you must give a tenant 30 days notice to vacate.
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If he broke the terms of the agreement by smoking I would guess this is an eviction notice of sorts.
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Call a lawyer. Almost all of them give free 15-20 minute consultations. The lawyer can throw a court order at the landlord to be subpoenaed and drag this out until the landlord's lawyer cuts a deal. Then you can expect the landlord to be a d*ck after it is all over... but he'll also be afraid of being known as someone who pisses off renters... That's my experience with going to court for whatever reason. A good lawyer makes magic happen, and pick one that knows all the district judge personally...
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It sounded like your friend is smoking inside his apartment. I am pretty sure he violated the rental agreement on his contract. It is a simple matter perhaps your friend will have to find another living arrangement where smoking is permitted in apartment. Or perhaps an apology to the landlord.