Recent Answers to Notice to Vacate Law Questions
Can my landlord evict me without giving me proper notice?
Eviction
Notice to Vacate
Florida
I recently received an eviction notice from my landlord, stating that I have 7 days to vacate the premises due to alleged violations of my lease agreement. However, I believe that I have not violated any terms and I was not given any prior warning or opportunity to correct any issues before receiving this notice. I am unsure if my landlord has followed the proper legal procedures for eviction and I would like to know if they can legally evict me without providing me with proper notice.
Joy R.
In Florida a landlord can issue a 7 day notice to vacate. There are two types. 7-Day Notice Without Right to Cure: This type of notice is used for serious violations such as intentional property damage, repeated disturbances, or repeated violations. To avoid an eviction action from being filed, tenants must vacate the property within 7 days, with no chance to fix the issue. (Reference: Fla. Stat. §. 83.56(2)(a)). If you believe you haven't violated the terms of the lease then you should put it in writing and ensure that you have delivered it to the landlord and have proof. Certified mail is generally a good way to do this. Silence can be taken as admission of the violation so put any response in writing and have proof of delivery. 7-Day Demand to Cure Notice: This type of notice is for less severe violations such as having unauthorized pets, guests, or vehicles or failing to keep the property clean. Tenants are given 7 days to adress the problem and avoid an eviction action being filed with the court.
Can my landlord evict me if I have been unable to pay rent due to financial hardship caused by the COVID-19 pandemic?
Landlord Tenant
Notice to Vacate
California
I am currently facing financial hardship due to the COVID-19 pandemic, which has resulted in a significant reduction in my income. As a result, I have been unable to pay my rent for the past few months. I recently received an eviction notice from my landlord, and I am unsure of my rights and options in this situation. Can my landlord legally evict me during this time, considering the circumstances?
Benjamin G.
Good morning, Your landlord cannot evict you. They can, however, provide you with a notice to vacate, Which presumably is what they have given. At the conclusion of the . Assigned for the notice, There may be a summons for eviction and a court date assigned. At that point, you will then go to court and be able to explain your circumstances and only the court can grant you an extension or evict you. If the court chooses to evict you, they will give you a 36 to 48 hour time Period to vacate. However, the court will consider all of your circumstances, and I would urge you to present your medical condition as one of your mitigating factors.