3 Days Notice to Quit or Vacate

[sherryinutah]

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.   

[Liquidfire_43]

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

[Nancy5]

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. 

[countrygirl12]

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.   

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.

[bremer51]

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.

[plennis]

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)]

[JediJohnnie]

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.

[nannycoe1]

Sounds like he broke the rules and needs to quit smoking in 3 days or move.

[Penwoir]

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.

[sak4kat]

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.

[dogsleash]

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...

[6265AT99]

That is exactly what it means and he has 3 days to get out!

[aflyingmonkey]

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. 

[debidoo]

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.

[mrisha]

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.