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Requirements of Serving Your Tenants With a 3 Day Notice

Requirements of Serving Your Tenants With a 3 Day Notice

<p> Serving your tenant with a 3 Day Notice informs them that they have 3 days to pay the overdue rent they owe you, or they have to move out. A three day notice can be delivered as soon as the rent is due, and in most counties is a requirement before evictions proceedings can begin. If you have a lease, you should review it to determine what day of the week the rent is officially due, and to make sure the lease doesn’t specify a different length of notice before initiating an evictions proceeding (i.e. a 30 day notice).</p><p>     Determining the three day period incorrectly when giving the notice or filing the case in court prior to the expiration of the 3-day time period will most likely result in your case being dismissed. Weekends and holidays observed by the court should not be included when calculating the 3-day time period. Example: a three day notice served on Tuesday, July 3 would expire on Monday, July 9, because you would not count holidays (July 4), or weekends (Saturday, and Sunday). So make sure you don’t start your evictions proceeding before the expiration of the three day notice period, or your landlord tenant action will be dismissed.<br>  <br>  You can only claim rent amounts that are overdue in your three day notice. Do not include any amounts that are not “rent”, such as utilities, security deposits, late fees or other costs. If you have a lease in effect with your tenant and any of the preceding items are defined as “additional rent” in the lease, then you may include it in the amount due in the 3-day notice. If you list items other than rent in your three day notice or rent that is not due yet (future rent), your evictions action can be thrown out by the court. <br>  <br>  The 3-day notice should be served personally on the tenant. In some states, oral notification is sufficient (i.e. it is not necessary to give your tenant written notice if you orally tell them they have to pay rent or move out within 3 days). A landlord tenant lawyer in your area such as <a title=”landlord tenant lawyer long island” rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.squidoo.com/landlord_tenant_court_long_island_NY”>landlord tenant lawyer long island</a> can advise you of your state’s laws via e-mail or telephone.  </p><p>     If personal service isn’t an option, you can also mail the 3-day notice to the tenant.  However, please note that you usually must add five days each way for mail time, depending on your court’s requirements.  In other words if you use the mail to deliver an<a title=”eviction notice suffolk county” rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.murthalawfirm.com”>eviction notice suffolk county</a>, you have to allow 13 days before commencing an evictions proceeding (3 days + five days + five days). </p><p><br>  There are some circumstances where delivering the notice via the mail is the only choice or where the tenant will always be allowed to use the mail to respond to a three day notice. This typically occurs when the landlord uses a P.O. Box or an out-of-town address for the tenant to pay rent.<br>  <br>  If your tenant pays you the full amount due as per your 3-day notice, you must accept the payment, and you can no longer bring a non-payment proceeding against your tenant to evict them. If the tenant only has some of the rent, you do not have to take it. If you accept partial payment of some of the money due, then the three day notice has been partly complied with, and you can no longer oust the tenant for non-payment of rent. If you accept rent and you would still like to get rid of your tenant, instead of bringing a non-payment eviction proceeding, you can bring what’s called a holdover eviction proceeding. You should consult with a landlord tenant lawyer in your jurisdiction for more information about the steps necessary to bring a holdover proceeding.</p><p><br>  If there are any deficiencies in your three Day Notice, or if you bring the wrong type of evictions proceeding, courts such as the<a title=”landlord tenant court long island” rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.murthalawfirm.com/evictions”>landlord tenant court long island</a> will dismiss your case. If you’re not from Suffolk County or Nassau County, consult with your county’s court for their procedure. The consequence of a dismissal is that a new and correct three day notice must be correctly served, and the case has to be started again from scratch.  This would allow the tenant to remain in the property for up to months longer than necessary. <br>  <br>  Another possible result to bringing a defective eviction proceeding is that you may be held responsible to your tenants for legal fees and costs associated with defending the evictions action. This is why it is almost always better to hire a professional to handle the matter for you as quickly and expeditiously as possible. Good luck!</p>

Teaching <a title=”New York Landlord Tenant” rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.murthalawfirm.com/evictions”>New York Landlord Tenant</a> law since 1986.

 

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