What is a three day notice?
What is a Three Day Notice?
In many states, the three day notice must be legally “served” to the offending tenant or at minimum, hand delivered with a witness present. The notice is not automatically an eviction notice because it does give the renter an opportunity to remedy situations that can be fixed. For instance, a person behind on their rent, or someone keeping pets in a no pet apartment essentially is given three business days, not counting the day of delivery of the three day notice to pay past due rent or to find a new home for pets.
Some situations are such open violations of lease agreements that a three day notice truly does mean the person must leave the apartment in three business days. If a person has been convicted of committing illegal activity on the premises or has created extreme nuisance behavior, they may be evicted with a three day notice even if their rent is paid. In order for this to work, a rental agreement must state that the agreement becomes void if the renter acts in certain ways.
Some states allow tenants to file a response to the three day notice, which can then take time to process and will delay eviction. Filing a response largely depends upon the state you live in and its specific legal provisions. If you do feel you’ve received a three day eviction notice in error, as for nuisance behavior or alleged illegal activities you didn’t commit, you should check with state agencies like fair housing or renting information agencies, to see if you have methods available to prevent eviction. If a tenant disregards the three day notice, the landlord will still have to follow through with the formal eviction process to have the tenant evicted.
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