Notice of Termination is NOT = to a Notice to Vacate
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- Опубліковано 27 сер 2024
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Starting a Lease tends to be the happiest time of a Tenancy. The Landlord is excited to get a new rent-paying tenant, and the Tenant is excited t enter their new home. It's the end of the Lease that tends to come with the biggest complications.
A Notice to Vacate and a Notice of Lease Termination are both ways to end a Lease, but they are not interchangeable. You need to know not just that you may need one of these notices, you need to know when you might need one over the other and when you might need them both. How do you deliver them properly, and what happens if you didn't deliver proper Notice at all?
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"Don't just look for better Tenants. Continually look for ways to be a better Landlord, and your business will thrive."
--Ernie Garcia
The Law Office of Ernie Garcia represents Landlords in various trial cases in Texas Justice Courts, County Courts, District Courts, and even U.S. Federal District Courts in the Southern District of Texas. While our office is located in Houston, Texas and many of our cases are in Harris County, we have represented clients in Courts all throughout the State of Texas.
Our Landlord clients look to the Law Office of Ernie Garcia to send demand letters to tenants who have breached their residential or commercial leases. We prepare petitions for Eviction and represent Landlords, Investment Companies, and Property Managers involved in Evictions at the Justice Court and in Eviction Appeals.
The goal in every Eviction is full and final resolution, which sometimes includes Judgment, Writ of Possession, Abstract of Judgment, Writ of Execution, and even settlement. We also defend Landlords whose Tenants sue them in these same courts with claims for repairs, security deposits, or a variety of other Lease disputes.
Additionally, Ernie Garcia assists Landlords with drafting Leases that comport with the Texas Property Code and puts the Landlord in a firm position to derive the best benefit from the Landlord/Tenant relationship. He routinely delivers Notice to Vacate, Notice of Lease Termination, or Notice of Non-renewal for Landlords seeking to end a Lease relationship with a bad tenant. Ernie Garcia shows clients how the Eviction process can improve Tenant cooperation and reduces the potentially enormous losses that come from continued instances of partial and late payments.
Ernie Garcia has over 10 years of litigation experience in jury trials and bench trials. He has also represented clients on appeal to the First and Fourteenth Texas Courts of Appeal.
Through the years our philosophy has never changed. We are here for the benefit of our clients, and we seek to improve situations and to create innovative solutions to conflicts that affect the property, accounts, and business assets of the people we represent.
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Thank you for this video.
You're very welcome.
Great information Mr. Ernie Garcia! Thank you for your work on this video, it is much appreciated!
You're very welcome. Thanks for watching.
I WENT TO EVICTION COURT AND THE JUDGE SAID THAT MY LANDLORD DIDN'T HAVE SUFFICIENT ADVANCE AGAINST ME.
It is my understanding you won your case. Good for you! However, the Landlord can appeal.
What didn't he have , I'm asking cause I never gotten any notice to pay( 3 days) an all that but last week 1/5 I got a summons on my front door for a court eviction date 1/23. I don't know what they expect me to do in just in 18 days 😳 an I was only a month behind but I found out that my landlord has someone who's willing to pay twice as much as me $1600 a month 😔
Thank you for all the time you took to make these videos. It's a huge value and it's greatly appreciated! God bless u! 👍
I'm happy to do it, and I'm glad this helps you!
What about 7 day notice what’s the difference @@LandlordAttorney
@@HisStoryGaming that depends on the content of the 7-day Notice. Is it a termination notice or a Notice of Breach?
I received a notice to vacate within 3 days I gave my keys in on the 3rd and was told on that notice I’m still liable for last month rent which I had no problem paying. They now are telling me I have to also pay the “early lease break fee” how is that even possible when the vacate form told me the exact dollar amount to pay and now they’ve added an extra $2000+ for me to pay? I abided by the notice!
When a lease is broken in the middle of a term, the amount owed to the landlord is generally calculated from 2 factors: how much time is left on the lease and how quickly does the Landlord get a new paying tenant to cover the rent that is otherwise owed. While the tenant owes all the way to the end of the lease, the Landlord is generally required to find a replacement tenant ASAP. This is called mitigation. Some leases have early termination fees, but, in most cases, some amount of additional rent will be owed.
@LandlordAttorney In this case, would she be obligated to pay the amount even though the landlord is breaking the lease?
@@PurpleWorld22406 I didn't see anything that said the LL is breaking the lease. Just the opposite. Since the poster said she got a 3 day notice to vacate and complied with it, then apparently she did not disagree she had violated the lease and this Notice was the result. That is the penalty for her somehow breaking the lease terms.
I'm not an attorney, Ellen but I can add a bit from my personal experience as a LL. When the LL served you 3 day notice they only knew of past monies owed, up to the time of the notice. They would not know in advance if you would comply with the notice, not all do. In light of that, they couldn't foresee what additional money you'd owe in the future. What if you had ignored the notice and stayed another 3 weeks? Do you think that should be free? Try to see that based on what you've told us: yes, it's you that broke your promise(the lease terms) of what you'd do for the LL. Just because you moved out, doesn't automatically release you from those promises. Or in other words, the LL doesn't have to suffer financially because you didn't meet your end of your agreement.
But if it isn't too late, I'd urge you to negotiate a settlement with LL to close this matter. They'd usually rather have some money quick and easy compared to having to fight for 100%.
Just had my attorney prepare a three day notice for tenant whose lease expired almost 2 months ago. I have put up with late payments for 2 years. I sent a letter 60 days prior to end of lease as required by Florida law. I managed to get paid for one of the last 2 months. Tenant said they were going to move by April 30; they are still there. Now they sent a nasty text saying they will move by end of May. The three day notice requests rent due. Afterwards I will ask to have them evicted. I have texts which I printed and copied my attorney. They (Mother and adult son) continually lie.
Naturally, I'm going to point you directly to your attorney on this one, and I would be cautious about their claims of moving out. Press from the Eviction, and don't rely on them to make good on their claims. You may still need the court to help you force them out.
In Georgia, tenants 60 day notice expired on April 10, 2023 had to file 4th eviction. Judge found in favor of plaintiff awarded possession on 6/1/23 ( am landlord & resident in home) tenant appealed on 6/8/2023. Hearing set for 7/28/23. Tenant has since moved 2 other people since eviction. What options do I have? They haven't made any attempts to rectify their violations. Also, doing repair after being told to stop
Unfortunately, I can't comment on the prospects of your appeal under Georgia law, but I hope you are able to get rid of all of them this Friday. Fingers crossed.
Gracias. Ya casi cometía un error.. . Es más fácil dar una noticia de termination que de vacate.. ebenthoug her too. Is very felt y and sometimes growing flies that she chases to outside the room. She will deny that.
I did not know that about $ 30 was missing so that a rent was not automatically paid. but since the landlord/host knew about my harm from barking dogs for 12 years, and I had always paid the brent before, and lived there orderly and good for 23 years, they can' evict me, can they? Especially since they hindered me from sorting the situation out. f ex they withheld the percentage on a payment form, so that I had to figure out how to pay. People who knew said to me that one doesn't get evicted on such a ground, and an official said " You need and aaorney, this has not been done correctly". but I was too sick from severe sleep deoprivation stress exahaustion to do more than i had alresady been doing, working to get my assistence, helth care, trauma therapy etc.
I have read in a law book that a sleep-deprived human cannot be required to go to court, but they have taen no consideration, on the contrary , increased my stress in order for me to lose self-control. I was withheld information and help.
I was also deceptively taken away my legal rights, instead of provoíding the powerof attorney I had sought and was accepted for.An attorney wrote that I am not needing guardianship, but he didn't fight for me defend me, at all, nor prepare me for the court session. The stand-in notary had not read my case, and also WROTE WRONGLY! And did not correct as I protested. And more.
I need my rights, home and money! What can I do when they are corrupt? They also put the police on me for no reason, several times, and lie about me "having a serious mental disorder" psychotic, which every psych pro says I never had. they are stressing and scaring me o get one though. in my stress isolation with resulting extraanxiety aI have said some critical things to self defend and to warn them that i was being harmed by them. I have Aspergers disability and sought assistence to learn to compensate for my difficulties. My every research on the effects of chronic, multiple stress, sleep deprivation, lack of basic safety and social connection, occupation, explains anger issues, it is a part of stress overload and fear in the situation of not getting promised, rightful help.
This go long, I m sorry. Too tired to write short.
I'm sorry for your hardship. The attorney may have to review your Lease and Notice to say if there're grounds for an eviction. Are you in Texas?
Also I'm in Texas
We'll be happy to help. You can schedule a consultation with the Attorney so that he would review your Lease, your evidence and guide you through the next steps. The consultation is available via phone, video conference or in person. To schedule you can use this link: lawofficeoferniegarcia.as.me/ or call the office at 832-305-7694.
In Missouri
Thanks you for the information
You're very welcome!
My wife was asked by the landlord the owner is not renewing our lease. We never got a notification a 30 day notice. She used bully tactics. Threatening to throw our belongings into the dumpster. She was also taking money from us also. I have receipts to prove it. Do I have a case.
Mr. Patton, generally speaking, a termination would require a Notice. Review your Lease to see if there's such a provision there. Additionally, are there any Lease violations on your and your wife's end? If not, you may have a case.
Just move for christs sake you rent it’s not your house for gods sake, someone else worked for that house, it’s not yours where’s your consciousness and decency. Go rent somewhere the landlord respects and appreciates you. That’s so much bad energy all over that house and your family!
@@pinchebruha405 while I agree with you it's tough. I stayed in a place for 6 years then all of a sudden she gave us a month to go.
@@AncientChi take three save the money don’t pay rent and just leave, they’ll be happy you left and you’ll be happy to be somewhere you’re appreciated. Why are people so afraid of moving, it’s the best thing anyone can do it opens up your world and teaches you so much about yourself!
@@pinchebruha405 That's some serious financial privilege you're talking about, bruja. Not everyone can just pick up and move with 30 days notice. Some people are just nervous about how soon they'll need to buy groceries again. Ass.
Thank you!!!
You're very welcome!
Good info !! Very helpful. Thank you !
I am so glad you've found our content helpful. Thank you for your feedback!
I never got a notification to vacate. Just by word of mouth. We had no where to go.
If the rental was in Texas, there was no valid Notice and no legitimate reason to vacate.
Thank you Ernie
She never gave me anything. No evictions no notice at all
I have notice She was going the Short road. I noticed landlord cut corners. She was still taken our rent money.
It would be best to review your Lease and discuss your next steps and ways to negotiate this case during a consultation. To schedule click: lawofficeoferniegarcia.as.me/ or call us at 832-305-7694 to book it over the phone.
I lived n my apartment for 10 years my rent money got stolen so he wants me out I never been served and yesterday my car got towed they said it’s because I parked in the wrong number I didn’t I never have parked in anyone space ever I believe the landlord did that on purpose he new me and my 13 daughter was going to be homeless and live in that van now what do I do I’m so scared as hell by the way I’m a woman I just can’t believe he would stump that low we are in San Diego cal
As attorneys in our Law Firm are only licensed in Texas, we will not be able to counsel you on California eviction laws. I'd recommend reaching out to a Landlord/Tenant attorney in your area. Best of luck to you.
Thanks man
Totally welcome!
Section 8 no payment there portion I paid my portion
Please would you speak to lease contracts as being adhesion contracts which are written 100% or nearly 100% in favour of the landlord? Should not both parties to a contract have equal bargaining power entering into a contract situation? How often does that occur in landlord/tenant contracts?
I'm not sure how a lease could be set up with equal bargaining power for both sides. Naturally, the tenant would have a strong position once they take possession, but the landlord generally controls the terms in the agreement. Things level out, though, due to state laws, particularly for residential leases.
My tenant had a moth to month rent contract after was expired she still there in unit she didn't want to pay and she blocked me, I can't contact her anymore
I went there and put a paper on the window for her to leave and also expedite form
What can I do?
If this case is in Texas, you can initiate the eviction process after the proper Notice had been properly served. If you need help, we can review your Notice for you to see what steps need to be taken now. Please feel free to reach out. To book an appointment, call 832-305-7694 or click here: lawofficeoferniegarcia.as.me/schedule.php
Thanks
I'm glad you found this helpful.
I received a code violation from the police station for not having garbage service by the tenants. I need help with how to give them notice so that they will leave. They are very nuisance to the neighborhood. As you said one of the neighbor must have called on my tenants. I also have unauthorized tenants in the house. How to give notice to all of them because I do not know any of their names. Please help I have been listing to you for a while you are so good and appreciate it. By the way I am in California.
Well, you'll want to be sure you follow California specific procedures for any Eviction out there. I certainly wouldn't be able to assist you in that respect. If you need legal counsel, you might want to contact the Kian Law Group in California: kianlaw.com/contact-me/
I’m a tenant that’s been placed out due to an accidental defective candle fire the landlord already had a pending eviction over six months ago that she has no proof to win in court all this started because I’ve complained to her supervisor that property was stolen due to landlord negligence also her negligence to follow up with her inspection days before I had no batteries in my fire/smoke detectors she’s lied also her supervisor told me months ago even this month that I’ll have my unit back but now text me they want possession in court after their meeting together I’ve been out with kids since April she chose about a month later to try and force me to sign over my lease even text the paperwork are just for slip and fall safety for me to inter the unit and to place my things into my master room that I wanted so they can trash the rest and start repairing things come to find out they haven’t fix anything just the other units they are renting out first 😢sorry for the bad grammar I suck at it tbh 🙏🏽
I'm sorry to hear that things went so badly for you. I hope your next home doesn't have these same problems.
What if the tenant had medical disability that is being abuse by homeowners,no contract room rent 4 years, homeowner was reported to social worker in retaliation the homeowner harassing the tenant to go out of her house, no fault eviction.
Zenaida, is this rental property in Texas?
Is it easier and less expensive to evict a tenant with expired lease?
If this case is in Texas, you can begin the eviction process if tenants fail to vacate on the basis of Holdover. However, you also may have other causes of action, such as, non-payment or lease violaions.
Hi, I am going through a divorce right now and my husband's lawyer suggested that I vacate my home due to falsely accusations of " causing tension in my home." Without proven proof what Law is he braking? Isn't it that he doesn't have a legal rights to suggest that I vacate my property and it has to be the Court to order that I vacate my home with proven investigation of me causing tension in my home? I was really bothered by him suggesting that I vacate my home when I haven't done anything wrong. Please give me an advise. Thanks
Well, no one can be forced to leave their own home except by court order. In this case, you may be at a severe disadvantage to go without your own legal representation. I'm not sure where you reside, but I strongly recommend that you seek out assistance from a family law attorney in your local jurisdiction. You may want to contact you state or local bar association.
My nextdoor neighbor got a second ten day notice and yet she's still harassing me.
Why is your neighbor harassing you?
@@LandlordAttorney She thinks every noise or sound I make bothers in reality I'm doing normal activities. Plus she has mental issues
For context, I'd strongly recommend that you specify your jurisdiction at the beginning of your video (i.e., every one of your videos) before someone in a different relies on your advice. A lot of what you're talking about is completely inapplicable (if not wrong) in many jurisdictions.
"Texas" is literally the 4th word in the description of my channel. I often mention the State of Texas or the Texas Property Code, but thanks for the tip.
@@LandlordAttorney Ah...
Well, I just hit Ctrl + f, and did a search for "texas" on the page, but it only returned 4 instances (all of which are in the comments).
And I wonder if you could please advise me some? I have since the evicton been harmed and withheld health care, stress-and sleep help, support and assistence continuously, with much additional stress from the illegal home- and moneystealing.Friends don't know about corruption and have no time to engage. Thank you!
We'll be happy to help, if this eviction is in Texas. Please feel free to reach out. To schedule a consultation with the Attorney, call us at (832) 305-7694 or book your appointment online at: lawofficeoferniegarcia.as.me/schedule.php.
What if the lease agreement was not sign by both parties
In Texas, an oral agreement can be valid, too
But they can remain. Until you prove your case in court
Yes. However, if the tenant remains without justification, this may entitle the Landlord to damages for unpaid rent, court costs, and/or attorney fees, whichever may apply.
My lease ended. They gave me an extension. I paid rent on the 1st. Now they are saying that I owe more rent. Im definitely headed to court. Do I have a good case?
Not sure. Are you in Texas? Was your extension a month-to-month agreement or a term with multiple months?
When a landlord holds the right to a termination and it reads “the tenancy shall be terminable at the end of any monthly rental period on written notice given not less then 30 days prior to the termination date which shall be specified in the notice. Is that wording meaning the action to terminate must be a letter at the end of any month or is that it must be ending at the end of the month for possession? It seems if a word Terminable is a the “CAN BE” the what is Tenacy can me terminated as long as the letter is to me before the date you want me out on any date after a 30 day period of time and it must be given to me at the end of any rental period but more then the minimum time or 30 days or more. For example if the time is changed to 45 days for simplicity must that notice end my right fallling at the end of the month or does the rules of notice sent at the end of the month remain ? Any ideas im lost.. they claim i must be out at the end of the month i disagree
If your lease ends on August 31, and there is no automatic renewal, you would have to be out before September 1 without any notice. If your lease ends August 31, but it DOES have an automatic month-to-month renewal, your Texas lease can only end if written notice was sent at least 30 days in advance (some leases require longer). That means a notice of termination delivered to you on August 1 or sooner would be proper (unless you lease calls for additional time).
Salutations.
I need help in means of advice/information, please..
I signed a notice to vvacate due to applying for another apartment when my current lease (apartment) where I currently reside is up in three weeks.
I am going to call my kind assistant manager here about needing to cancel and ask to stay by renewing the lease instead of moving out.
There are a few reasons one being a surgery the Doctor just scheduled in just to mention one of those reasons.
Q: How and am I able to cancel the notice to move out after my lease is up?!
Thank you for taking the time to read this. ☯️
You can submit your written intent to renew or extend the lease to your landlord. Once you sign a new lease, that new document solves everything. However, the landlord would have to agree to those terms. It's not automatic.
If my landlord posted a “notice of eviction” rather than a notice of termination, is that something that will hold in eviction court?
The 30 day notice was posted to the front door, on the outside on 10/21 but also said that keys need to be turned into the leasing office by 5pm on 10/21
I paid rent on 11/7 and was served on 11/13 claiming nonpayment of (nov) rent & cites the eviction notice posted on 10/21
You have multiple fact issues that likely need to be reviewed in person. What precisely does the Notice say, what does your lease sat, and what does your jurisdiction say about Eviction in your case? All of these are variables that need to be considered. Remember that, just because rent was eventually paid, doesn't mean that the Landlord is unable to demand possession on the basis of late payment. I suggest that you seek out legal counsel ASAP.
what happens if there are un authorized tenants to be removed. How do I send notice to vacate if I have to put all the names from the original lease.
here's a video on the subject: ua-cam.com/video/tP_c8ZhQrYU/v-deo.htmlsi=8fDWxGeioMcIDASy
I bought property on bank foreclosure. It’s occupied. How do I remove tenants.
Make sure you have delivered written notice in accordance with the lease of the change in ownership. Is this property in Texas? If so, feel free to reach out, and we'll guide you through the process lawofficeoferniegarcia.as.me/schedule.php
Texas / HUD Section 8-202 /
We have 30 day Notice to Cure. There are options. One of which is to remedy, and one is for possession stating we will be filing. On the 30 day Notice to Cure it has always been on the 30th day Eviction is filed. (The company doesn't even have a 3 day NTV form like I've used in conventional 😢) If I'm understanding correctly they should be receiving both? The 3 day once the 30 day has been reached then file for possession?
We may have to review the Lease and the Notice to Cure to say for sure. If you are interested, please feel free to schedule a consultation with one of our attorneys. To schedule a consultation, please call us at (832) 305-7694 or book online at: lawofficeoferniegarcia.as.me/schedule.php
So my letter of 60 days is up April 30 but they filed April 15 for Unlawful Detainer I'm in California
Adrianne, as I am only licensed in Texas, I am unable to counsel you on California Eviction laws. I recommend contacting the California state bar for a recommendation for a Landlord/tenant attorney.
When you fill out your answer to the unlawful detainer which you only have five days to do in California it will have an area asking if you were served UD prior to you notice expiring. Hopefully you had a written notice to vacate.
CORRECTION! THE JUSTICE OF THE PEACE JUDGE TOLD MY LANDLORD THAT THERE WAS NOT SUFFICIENT PROOF AGAINST ME SO, THE CASE WAS DISMISSED WITHOUT PREJUDICE!
Yep. That's what happens when a Landlord shows up unprepared.
Sir, what if you were about to buy the property and the owner canceled the purchase agreement.( i was literally days from closing) i was clear to close. (Seller is my ex) the home is ours 🤦🏽♀️it’s just in his name of course. However, canceled our purchase agrrement. Due to me not paying the mortgage the reasoning behind that because our current home loan was gonna be paid off on the 15th of July. I asked him via text message if i was paying the whole mortgage or half due to me closing. Anyway, two days he serve me an email saying he served me a noticed of termination of our verbal lease agreement. Due to non payment. I did pay him ..he did accept my payments afterwards.
This sounds a little too complicated to resolve in the comments section. You may want to book an appointment. Are you in Texas?
I got a 30 day notice to vacate... what happens if i am not gone by then?? Do i then wait for a court hearing ? In Florida
In Texas, if you're still there after Notice, you can be sued for Eviction even if you leave before the trial. The same may be true in Florida.
@LandlordAttorney ok thanks for clarification!!! I was curious how much time I have before Mr.Sheriff shows up... if he does... because I plan to explain my medical hardship to the Judge, hopefully they dismiss the case because of this severe condition i currently have
I have a notice to vacate by 9/20/23. But I already paid the amount they were asking for. Am I suppose to vacate the property still?
I live in va (apartment
Unfortunately, I am not licensed in your state so I would be unable to counsel you in VA eviction laws. I'd recommend reaching out to a VA Tenant/Landlord attorney and seek their advice. Best of luck to you.
Question: I have a family member who hasn’t paid or uphold deal. I served notice to quit. The person left, last day here was 10/16. But their belongings remained and the final date was 11/23 to have their belongings removed. I moved their things to the garage 12/8. And they are threatening to take me to court. The person isn’t present, their belongings are. How do I go about this one?
Depends on a number of factors. Is there a written lease? If so, it may explain what happens with abandoned property.
@@LandlordAttorney there is no written lease. This person is physically not here, just their things. So I moved it to the garage. So now they are threatening courts. They aren’t here so I can’t evict them physically, it’s jsit their things. And stated they are writing a police report because I touched their stuff when I don’t have a right.
@@LandlordAttorney do I have to file an eviction to remove her things ?
@Ashley Tabb , an Eviction probably isn't necessary. Does this person want back in? If so, a court might allow that. If they just want their stuff, let them have their stuff. You may want to send them written notice demanding them to come puck up their stuff within a reasonable amount of time (maybe 2 weeks or so). If they fail to do this, you can let them know you will consider their property abandoned and will then dispose of it as you please.
@@LandlordAttorney they don’t want back in the home. They are basically using us as a storage. I told them they are welcome to grab their belongings from the garage anytime, but they want to take us to court for touching their things. They wanted us to keep it in the room until they decided when they wanted to get it. they are going to the court house tomorrow so I want to ensure I’m still in the right.
What do I do now that 3 day notice to vacate has passed? CA tenant wont leave.
Tough to say. As I am only licensed to practice law in the State of Texas, I am unfamiliar with Eviction procedure in your state, and I am unable to offer you legal advice. I do, however, strongly recommend that you contact a Landlord/Tenant attorney who practices in your jurisdiction to discuss your case with them. Best of luck to you!
My lease was renewed on august 1 however I was given a notice to vacate on august 10th. What does this mean? Is my lease renewal still good? Because I feel as though if they were going to give me a notice to vacate my lease should have never been renewed please help.
If a lease is renewed, a Notice to Vacate can be issued if the Tenant quickly defaults on the new Lease. Did the amount of rent increase, was rent paid in full and on time, was there some non-rent violation of the lease?
Did you have to leave the apartment because I just got one too
Can you send both in one letter I sent a tenant a notice to terminate, and vacate in the same letter?
You can, but only if you have separate reasons for each. For example, you might send a 30-day Notice of Termination because you are 45 days out from the end of the lease and you have no intention to renew this lease. Additionally, the Tenant has not paid rent, so you send a 3-day Notice to Vacate. As a practical matter, you can file your Eviction well in advance of Termination, so the matter of Termination is essentially moot. Remember that a Notice of Termination is a future demand for possession and not a present Notice of breach. A Notice to Vacate is sent when the tenant is currently in breach and Termination of the lease is immediate.
@@LandlordAttorney the person is a month to month tenant, and I’m in North Carolina just to add a little more details and thanks for responding back.
As I'm only licensed in Texas, I will not able to counsel you on North Carolina laws. I'd recommend reaching out to a Landlord/Tenant attorney in your area. Best of luck to you.
you might want to fix the spelling in your opening at about 4 seconds - Notice of "termination"
The video's a year and a half old. You may be the first to notice this. I think we'll just leave it as-is. That was a good catch, though! 👍
I sent a written certified 30 day notice to vacate the property . But as of the first of month she sent her rent but I sent. It back. Do I have to send another letter if I go by there and she’s there. Or just go file with the courts
Depends. Did you have a valid basis for delivery of the Notice to Vacate? Did you deliver the Notice to Vacate properly? As long as your original Notice to Vacate was proper, you should not need another one.
How does a “Notice to vacate because of Employment Termination” work?
I don't understand your question. In your scenario, whose employment is being terminated, Landlord's or tenant's? Generally, a person's job is not directly connected to their lease.
@@LandlordAttorney it’s regarding a tenant. Is it similar to a 3 day notice to vacate? Can the landlord still file eviction if they give the employee the “notice to vacate because of employment termination”? The tenant was an employee.
Is this rental unit in Texas?
@@LandlordAttorney Yes, it’s a rental unit in Texas.
@@sarahramirez1876 Does the lease make employment a requirement for possession? Was this a matter where the employee received the rental as part of their employment? If so, does the lease spell this out clearly?
What happened if the tenant vacates before the date of the eviction
Rosa, here is the video on this topic ua-cam.com/video/XhQLN-SJVmg/v-deo.html
Can this be done after appeal? *notice to termination
Is this in Texas?
Can you send notice of termination & notice to vacate at the SAME time?
These are two different Notices. It depends what you are willing to do. If you wish simply to terminate the Lease, proceed with the Notice of Termination.
@@LandlordAttorney It's a nightmare. These tenants are getting away with way too much!!
@@shareebrown727 I'm sorry to hear that. Is this a matter from a Texas property? Maybe we can help.
What if there is no lease?
I think you mean, "What if there is no written lease?" In Texas, without a written lease, you have by default a month-to-month agreement. Such an agreement can always be terminated with a 30-day Notice of Termination.
@@LandlordAttorney thank you- was watching all of your videos this morning- your generosity with your legal knowledge is greatly appreciated!
@@leslieadelekennemer, you are very welcome.
So, an unauthorized pet is a breach of lease? Knowing this now gives me leverage on problem tenants.
This should be explicitly stated in your written lease. If authorization is required and the Tenant fails to get it before getting a pet, that's a breach.
If the city has posted a notice to vacate due to uninhabitable conditions, does the landlord still have to go to court to have him removed? Also what if the tenant filed bankruptcy but you’re not looking for payment but you can’t afford to have the repairs made?
The lease should address what occurs in the event of condemnation by the city. As for a Bankruptcy filing, the Landlord would need to seek the assistance of the Bankruptcy court and request a release of stay before being able to move forward with removal of the tenant post-condemnation.
They won’t renew my lease and they won’t tell me why it’s an apartment complex. Should I hire an attorney they said I have until August 28 to get out
Are you in Texas? I know here the Landlord is neither required to renew, nor required to explain the basis for Non-renewal. You may want to attempt to negotiate a new Lease with them, but if negotiation fails, you'll need a plan for staying beyond the month of August.
@@LandlordAttorney I’m in south Florida any attorneys that can write them? I have a feeling that they are not renewing my lease coming up on my 3rd year after loyalt paying them 72 grand within that time. I never got any warnings in the letters, when I was paying my rent about a year ago I got one verbal warning telling me that I can’t have more than two dogs which I did not at the time I only have my two emotional support dogs and they said complaints on barking which I took care of. What should my attorney say in the letter. The only problem is is I have a convicted felon because a DUI from 10 years ago and I am an entrepreneur and make about 10 grand in cash a month, most other places want to see paystub‘s. I don’t have that. I would leave this place but since 2019 ppl have been flocking to Florida willing to pay double than native Floridans 2/2’s used to be 1800 a month now there 2400 for 900 square feet. Anywho what should my letter state?
Unfortunately, as I am not licensed in Florida, I cannot guide you on Florida eviction laws. I'd recommend contacting your state bar for a referral. Best of luck to you.
At least you have until the end of August. I was just told to move out within 40 days and I don’t know why. We have never being late to pay rent.
Absolutely Yes consult attorney
by the owner, now we have new management and they don’t have anything on file for me. Does that mean the lease terms still apply if I want to move out?
Let's say your lease has vanished. You still have an enforceable agreement because you are in possession of rental property in exchange for some amount of rent. Had that lease expired? Were there still months left? That's hard to prove if there is no written document, so the default is a month-to-month term, which, in Texas, requires a 30-day notice to terminate.
Hello I'm in Texas and i have sent my tenants a 30 day notice to vacate do to damages from the recent winter storm. I want to know was it the correct form?
You may have cause to terminate immediately due to the damage. Watch this quick video: ua-cam.com/video/03beJuo-ssw/v-deo.html
to clarify; the Notice to terminate lease has to be no LESS than 30 days and lets say it is 30 days THEN you can file notice to vacate? What if its less than 30 days? does that nullify the termination? thanks.
If you are in Texas, you should refer to your Lease first as some Leases may require as much as 60 days of Notice of Termination. However, if your Lease states that you have to give your Tenant 30 days of Notice of Termination, that means that after 30 days, if they are still there, you can send a 3-day Notice to Vacate and begin the Eviction process.
Hi my friend was giving notice to come in 3 times to renew their lease if you ignore the 3rd notice they terminate the lease then they got 3 notice to their door and certified too saying their broke breech of lease and have a person living their that's not on the lease so they sent her another notice saying that they terminate her lease on Sept 30th she has to vacate on Sept 30th and must leave they have possession of the place since her lease expire in May 2022 and ignore to come in for recertification does this mean she has to be out on Sept 30th it was said on Sept 30th that they terminated her lease she must vacate by Sept 30th with her stuff does this mean that she has to leave 🤔
Is the property that your friend is renting located in Texas?
@@LandlordAttorney no in newjersey
@@diamondsareforever1011, as I am only licensed to practice law in the State of Texas, I am unfamiliar with Eviction procedure in your state, and I am unable to offer you legal advice. I do, however, strongly recommend that you contact a Landlord/Tenant attorney who practices in your jurisdiction to discuss your case with them. Best of luck to you!
@@LandlordAttorney thank you Erie its not me it's my friend that lives underneath me ✌
@@diamondsareforever1011, well, I hope this advice is helpful to them!
👍
Thanks so much! I appreciate your feedback.
He can't even spell "termination" right. Don't listen to him.
Ouch. Imperfection. Yep. Shut her down, boys. I have lost all credibility. 🙁
Notice of termination does not demand fault of the tenant? I had 3 months on my contract, still they asked me to leave in 3 weeks. I had got my sleep,=health= life destroyed by a neighbour's 3 barking dogs at all hours (12x a day irregularly) The host knew this and a tenant contact had told me just a few days before the eviction notice, that they considerd calling on me to make amends for not alleviating the disturbance! instead came the notice.
And it was doen by a shabbily-dressed cold youngster whom I couldnot take seriously, who just wanted to give the letter. As I was lying in exhaustion and unable to get any more strain, I said no, that he please make an appointment in advance. And I ahd met a real official before, who behaved and dressed properly. the youngster looked dark a my stress reacion, - I was stress irritated since he had been ringing my door-bell loudly for long, and i was too sick to see anyone. I also believed it was just a neighbour who wanted to alarm me that my key was in the dorr, since I was going out when exhaustion hit me. H e ignored mu+y explanation of inability to tal´ke in such a thing unexpectedly.
And I had had my bank pay my rent automatically, and this was just too much. I was and am also traumatized by other serious things, such as being withheld the help /assistenceI need(ed) in disability.
The social authority wants me in some institution and may have played a part in my eviction, because i was also takan a
In Texas, the Notice of Termination doesn't require fault on behalf of the Tenant. I'm sorry you have gone through this.