my lawyer has sent my tenant a 5 day notice what do i do next

How do I serve a tenant with a 5-day notice?

Jan 17, 2012 · A five day notice is a demand to become current on all past due rent within that 5 day period. If you pay the past due rent within that 5 day period the lease continues on its original terms. If you do not pay all past due rent within the 5 days then on day 6 the landlord can file an eviction case against you, if the Court rules in the landlords favor, the Court will determine what …

How much notice do you have to give a tenant to quit?

There are basically 4 ways in which you can legally serve a tenant with a 5-Day Notice To Pay Rent or Vacate. First, you can personally serve the tenant with the notice. Second, you can serve them by what I refer to as a "substituted" service. Third, you can "post and mail" the notice to the tenant.

Can a landlord serve a new notice soon after you leave?

Oct 05, 2013 · Landlord / Tenant Lawyer in Des Plaines, IL. Reveal number. tel: (847) 795-1818. Call. Posted on Oct 5, 2013. You need only serve your tenant with a five-day notice for non-payment of rent. if the rent is not paid within the five-day period, then you may file your case in Court on the 6th day or thereafter.

When do you have to serve a tenant with an eviction?

Jan 06, 2021 · Often, you must first serve a tenant with a Notice to Cease before you can even serve them with a Notice to Quit. For example, you may serve a tenant with a Notice to Cease if they are disrupting other tenants in the building. If they continue this behavior after receiving this Notice to Cease, you can then serve them with a Notice to Quit.

What is a 5 day notice in California?

Sheriff's Posting of the Notice to Vacate The Sheriff will post what is called a “Notice to Vacate.” The tenant has five days from the date the Sheriff posts the Notice to Vacate to move-out.

Can I be evicted right now in California?

The CA COVID-19 Rent Relief program will continue to help eligible Californians at risk of eviction to apply to receive money for rent and utilities through March 31, 2022. Eviction protections are also through March 31, unless your local city or county has extended protections.

How long does the eviction process take in California?

If your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.

How do I respond to an eviction notice in California?

When responding to the notice to quit, there are several options available to the tenant:Pay any delinquent rent that is due to the landlord within the allotted time of the notice.Move out of the premises within the allotted time of the notice.File an answer with the judicial court.File a motion to stay with the court.

What a landlord Cannot do California?

Tenants cannot be evicted for making a complaint against the landlord or for anything discriminatory. Under the Fair Housing Act, it's illegal for landlords to discriminate against a prospective tenant based on sex, race, color, national origin, religion, familial status, or disability.Feb 7, 2022

Is the eviction moratorium still in effect in California?

The California eviction moratorium ends after Sept. 30, but tenants still have some protections and can get help paying the rent.Sep 30, 2021

Can you be evicted without going to court?

To evict the tenant without going to court, you must give 'reasonable notice', either verbally or in writing. This is usually the regular period of rent payments; for example, if they pay rent monthly, the notice can be a month.Sep 27, 2021

Can I be evicted right now in California 2022?

PUBLISHED: March 31, 2022 at 10:00 a.m. | UPDATED: April 1, 2022 at 4:45 a.m. California lawmakers Thursday overwhelmingly approved a fourth extension of an eviction moratorium, granting a reprieve to renters awaiting relief from the state's beleaguered and backlogged assistance program.Mar 31, 2022

What happens when the sheriff comes to evict you in California?

As California, court websites note, “The Sheriff gives priority to evictions.” The sheriff's deputies will post the notice to vacate and contacts the landlord either the day before or the day of the eviction so that the landlord can sign for property possession.

Do I have to pay rent after eviction notice?

No matter if there is an eviction ban in your area, you are still obligated to pay rent. Depending on the language of a ban, your landlord might be able to assess late fees, interest, or other penalties for not paying the rent on time.

How long does it take to get evicted for not paying rent in California?

The eviction process can be completed in five to eight weeks, but may take longer depending on the reason and whether it's contested. All evictions follow the same step-by-step process: The landlord gives the tenant notice to “cure” the issue or vacate.Feb 18, 2022

What happens after a notice to quit?

Once the notice to quit expires, the tenant is no longer seen as a tenant of the landlord. Even though he may still stay in the property, he is no longer a lawful tenant. However, the landlord cannot physically force him out of the property because that would be against the law.Sep 18, 2019

How long does it take to get evicted for not paying rent?

If you pay the past due rent within that 5 day period the lease continues on its original terms. If you do not pay all past due rent within the 5 days then on day 6 the landlord can file an eviction case against you, if the Court rules in the landlords favor, the Court will determine what day you have to move out.

What happens if you don't pay rent within 5 days?

The "5-Day Eviction Notice" doesn't mean you have to move within 5 days, it means that if you don't pay your rent within 5 days, the landlord reserves the right to terminate the lease and begin eviction proceedings. That will be followed by a "30-Day Eviction Notice" which is that termination and... 1 found this answer helpful.

What happens if you can't move in 5 days?

1. If you can't move in 5-days and the notice was properly drafted, it terminated the lease.#N#2. Once the lease is terminated, the terms and conditions may dictate what your status is ("tenant at sufferance.....") or not.#N#3. Either way, no, you are not obligated to do anything other than (a) voluntarily...

How to serve a 5 day notice?

There are basically 4 ways in which you can legally serve a tenant with a 5-Day Notice To Pay Rent or Vacate. First, you can personally serve the tenant with the notice. Second, you can serve them by what I refer to as a "substituted" service. Third, you can "post and mail" the notice to the tenant. Fourth, you can serve the tenant via certified ...

What is substituted service?

Substituted Service : The second option is what I refer to as "substituted service" and essentially means you are serving someone else with the notice on behalf of the tenant. I almost never recommend that a client opt for substituted service because of all of the potential problems.

What to do if you have not reached an agreement with your landlord?

If you have not reached an agreement with your landlord, you will need to either move out (or fix the problem if that is possible) or fight the landlord in eviction proceedings. You may want to take this approach if the landlord has sent the notice in error, if the landlord is unlawfully retaliating against you for exercising a legal right, or if you just need more time to find a new home. Hiring a lawyer can be helpful during this process.

How long does it take to pay rent after eviction?

This will give you three to five days , generally, to pay the rent or move before the landlord proceeds with the eviction. A landlord can send you a Cure or Quit notice if you have violated the lease in a different way, such as bringing a pet into a no-pets property. This gives you time to fix the violation and preserve your tenancy.

What happens if you violate a lease?

If you have violated a provision of your lease, you may receive a notice from your landlord terminating the tenancy. You may have the option to fix the violation within a certain time, which would allow you to stay, or the landlord may require you to leave without giving you this option. Termination notices must follow very specific procedures, ...

What is termination notice?

Termination notices must follow very specific procedures, or any ensuing eviction lawsuit will be dismissed. Tenants thus often have strong procedural defenses to a landlord’s effort to evict them. However, this is usually a matter of buying time rather than defeating the landlord permanently.

How long do you have to wait to file for eviction?

The landlord cannot file for an eviction until both the grace period and the time provided in the Pay Rent or Quit notice have expired.

What happens if you don't pay rent?

If you receive a Pay Rent or Quit notice, but then you pay all of the rent that is due, and the landlord accepts it, this allows you to stay for the rest of the period covered by the rent. However, this can expose you to an Unconditional Quit notice if you are late on rent again, since you would be considered a chronic late payer. Some states do not allow a landlord to send an Unconditional Quit notice unless they have previously sent a Pay Rent or Quit notice.

Can you get back your security deposit if you move out?

If you decide to move out, whether or not you were in the right, you should know that you still have a right to get back your security deposit or the amount that remains after the landlord covers unpaid rent and repairs. You probably will not be liable for future rent under a lease that the landlord terminates early. There may be some exceptions if a tenant has engaged in criminal or otherwise egregious conduct.

Sara R. Howard

If you are planning to proceed based on non-payment of rent, serve a 5 Day Notice. Serving the notice personally to the tenant is the best way to proceed. Also note that only the amount of past due rent should be included in the notice (no late fees, etc)..While certified mail is a legal option, the tenant most likely will not sign for it.

Lela Jeannette Davis

You need only serve your tenant with a five-day notice for non-payment of rent. if the rent is not paid within the five-day period, then you may file your case in Court on the 6th day or thereafter. I usually suggest that the landlord use five business days (excludes Sat, Sun and holidays) on their five-day notice.

Judy A. Goldstein

Serve both a 5 day ad a 30 day notice. Do not pre-notarize them as the notary is part of the proof of service and you cannot prove serve before you serve. Your best method would be to hire a landlord/tenant attorney to assist you as you are going to wind up filing for eviction and improper notices will only delay getting the tenant out...

How long do you have to serve notice to evict a tenant?

In almost all cases, this Notice must be served a minimum of three days before you are able to file for an eviction. Some reasons could require as much as a year’s notice. Often, you must first serve a tenant with a Notice to Cease before you can even serve them with a Notice to Quit.

How to serve a notice to quit?

After serving a tenant Notice to Quit, you will have to wait for one of two results: 1 Tenant Obeys Notice- The tenant may receive the Notice and realize that you intend to file for an eviction if the lease violation is not fixed. If they were behind on their rent, they may become current on their rent in the hope that you will accept the rent and allow them to remain in the property. If they are unable to fix the behavior that is breaching the lease, the tenant will voluntarily move out of the rental property before having to go to court. Many tenants do not want an eviction on their record, so will leave before being formally evicted in court. 2 Tenant Disregards Notice- Sometimes you will serve a tenant a Notice to Quit and the tenant will disregard it. They understand that it can take more than a month to go before the court and get formally evicted. The tenant is trying to buy time because they have nowhere else to go or because they are willing to fight it out in court as they do not believe they have done anything wrong.

What happens if a tenant breaks a lease?

If the tenant breaks a clause of this contract, a landlord must often first send the tenant a Notice to Quit the behavior. If the tenant does not fix the lease violation, the landlord then has the right to file for an eviction.

What is a notice to quit?

A Notice to Quit is a formal legal document a landlord sends a tenant in an attempt to fix a lease violation. In most cases, before a landlord can formally file to evict a tenant, the landlord must first serve the tenant with a Notice to Quit. This Notice gives the tenant a chance to fix the issue. It informs them that they have “X” number ...

What happens if you are behind on your rent?

If they were behind on their rent, they may become current on their rent in the hope that you will accept the rent and allow them to remain in the property. If they are unable to fix the behavior that is breaching the lease, the tenant will voluntarily move out of the rental property before having to go to court.

Can a tenant have a dog?

Tenant has a dog and you have a no pets policy. Tenant has not been keeping their unit in a clean and habitable condition. Individuals living in the apartment who are not named as tenants on the lease agreement. Whatever the reason is that you are filing the Notice to Quit, this reason must be clearly spelled out in the Notice.

1 attorney answer

A 5, 10 or 30 Day Notice needs to be filled out correctly, but does not need to be notarized at the time it is served to the tenant. Since the notarized portion is an affidavit of how the tenant was served, you actually can't fill out that part until after the notice is served.

Sara R. Howard

A 5, 10 or 30 Day Notice needs to be filled out correctly, but does not need to be notarized at the time it is served to the tenant. Since the notarized portion is an affidavit of how the tenant was served, you actually can't fill out that part until after the notice is served.

How long does a landlord have to give notice of a security deposit?

If the tenant gives notice, then the landlord must give the tenant a written notice of all the charges against the security deposit (and refund the balance) within 30 days of moving out. If the landlord does not provide the notice of charges on time, then the landlord cannot keep any part of the security deposit.

What happens if a landlord doesn't follow the law?

If the landlord does not follow the law. Then, the tenant may sue and get double the amount of the unstructured security deposit and court costs and attorney's fees. So, send your written notices. Report Abuse.

Types of Notices

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Types of Violations

Other Reasons For Termination

Negotiation and Mediation

Fighting The Termination Notice

Moving Out