Three Day Notice
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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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