Day Notice To Vacate: Fill & Download for Free

Your apartment manager or landlord can take the partial payment if they want to, but they are not obligated to do so by law. You owe rent paid in full, on or before the due date, so if you pay 99 percent of your rent on time or 100 percent an hour too late, you have not met that obligation and your landlord is typically allowed to cancel the agreement by ordering you to vacate.Fortunately for someone in the situation you describe, most landlords wouldn’t actually kick you out over one payment that was marginally late or short, unless you’d given them some other reason to want to get rid of you. It’s much more likely that they’ll tack on full late fees for the $20, and then initiate eviction if you don’t pay the rest within the time frame they give you.There is one situation that would cause most landlords to reject a partial payment, and that’s if they’ve already filed for eviction. In most states accepting any partial payment counts as an automatic dismissal of an eviction suit, so once a landlord has filed papers with the court and paid the fees, they’re not likely to be willing to start over. However, since they could take your $580 and then turn around and start the process all over again if you don’t pay the $20 the very next day, some will accept it if the sum you’re offering is great enough to make up for that inconvenience.Landlords won’t usually evict until they’ve made up their mind that they want you gone, which is why some of us wouldn’t take any amount of money. I’ll personally still accept a substantial partial payment after I’ve issued the 5 day notice to vacate, as long as I haven’t actually filed the eviction papers with the court yet (so between the 2nd and 6th of the month). It’s easy enough to post another notice to vacate a day or so later, and a delay of a few days is worth it if the money I get is more than the rent for that time, but otherwise I’ll take my chances and hope that they’ll either pay when the judge orders them to or that they’ll have some assets or a paycheck I can garnish.I don’t know what state you’re in, but unless you’re subject to some very involved rent controls, your landlord doesn’t have to take your partial payment. She’s free to do so if she wants, though.

How can I evict the son of my tenant? He's not on the lease but has been living there for seven years. His mother left because she is afraid of his temper and he is a hoarder. She says she is paying one more month rent and then cutting him off.No, you can’t evict him. Not yet, anyway.Since he’s living there, he’s a tenant. Since he’s not on the lease, he’s a month-to-month tenant. That means you have to give him whatever your state requires for notice. Normally, it’s a minimum of 30 days. But it could be 30 days from the first day of the month in which he has to vacate (that’s the law in Nevada), so it could be as much as 60 or more days notice.Once you’ve given him proper notice, you have to wait for the time to pass. If he does not leave when he was supposed to leave, THEN you can start the eviction process.It begins with serving him an “unlawful detainer” notice. Check your state laws on this as far as how long the detainer is for and who can serve it. Again, Nevada has a 5-day detainer and it MUST be served by a licensed process server.If he still doesn’t leave by the end of the detainer period, you file for eviction. BUT, make sure your state is accepting an “at will tenancy” eviction. Some states still aren’t doing that. If not, then you’re stuck with him until the courts open back up.Assuming you’re able to file the eviction, he will be served with a notice that the eviction hearing is being held. It’s in your best interests to be there, in case he decides to contest the eviction. Make sure you have EVERYTHING documented - take two copies of everything so you can give one to the judge if he asks. You MUST have a copy of the lease that shows he’s not on there as either a tenant or an “other occupant”. Take a copy of the mother’s statement that she moved out (with your permission) and will no longer be paying the rent. If you can get photos of the hoarding situation, that’s also very good - take those with you.Once the judge agrees with you that the guy has to go, the case will be turned over to whichever law enforcement agency in your area handles lockouts. They’ll post a 24-hour notice, and come back to remove him by any means necessary. You’ll have to have a locksmith there to change the locks and the constables will secure the premises so he cannot return. You’ll also get a notice of eviction, which means if he does return without your permission, you can have him arrested.Make sure you know your state’s laws regarding all the crap he will leave behind. In most states, you cannot dispose of it! At least, not right away. You MUST store it securely for X days (30 in Nevada) from the lockout. You must provide him with written notice (via certified mail at his last known address) of how he can retrieve his junk. In Nevada, we’re allowed to charge him for packing, transporting, and storing his crap, and he MUST pay it via cash or certified funds before he can get it back.

You will have received a notice to vacate (or “quit”) rather than an eviction notice, as that cannot be issued until the time specified in the first notice has elapsed. The actual eviction notice will follow in three or five days unless you do as requested, and this will have very serious consequences for you.If you move out after receiving a notice to vacate it will be a private matter between your landlord and yourself, but if she has to file an eviction suit with the court to compel you to leave, it will be a matter for the public record. A simple online check, conducted by all reputable landlords, will reveal that you were evicted, and no one will rent to you again. You will also forfeit your security deposit, and it’s likely that your landlord will sue to collect on the rent owed, late fees, and her expenses related to the eviction. All of this can be avoided if you comply with the notice issued by your landlord.Depending on state laws and your landlord’s motivation, you will have received either an unconditional notice to vacate (or quit) or a notice to vacate or pay. Many states require the landlord to give you the option to pay in full before the time – 3 or 5 days – is up, unless you have been late with the rent in the past, but others allow us to issue the unconditional notice at our discretion. If your notice states that you have three days to “pay or quit”, “pay or vacate”, etc. then you have the option of paying everything you owe plus any late fees within 72 hours of the notice being delivered. This will stop the eviction process before it truly gets underway, and you cannot be evicted for this particular late payment. Your landlord could still report the late payment to credit agencies (if she reports), and if you have another late payment in the future your landlord would then be allowed to issue an unconditional notice to vacate.If your notice simply tells you to vacate or quit then you will have 72 hours to move out. If you and your belongings aren’t gone when the notice expires, with you acknowledging that you have vacated the property, your landlord will then file for eviction with the relevant court in your jurisdiction. You will then receive the actual eviction notice listing a time and date for your hearing. You will be allowed to remain in the home until then, though you will be required to pay rent for that time, once the eviction is ordered. If you were my tenant you’d receive the eviction notice on or around the fifth of the month, and the hearing would typically be scheduled for two to three weeks after that.Evictions for nonpayments are simple, and you will be evicted. The judge or magistrate will order you to vacate within 24 hours, and I will arrange to have the marshals show up at the end of that period to compel you to leave, if necessary. Any belongings left behind will either be forfeited or put in storage at your expense, and anytime you apply for an apartment or any number of other services, the provider will see that you were evicted.It sounds like you believe that there’s something wrong with being told to vacate when you’re one day late, but this is legal in almost every state. The lease is a legally binding contract that you chose to sign, and you knew that rent was due on a specific date.