Serving your tenant with a 3 Day Notice informs them that they have three days to pay the overdue rent they owe you, or they have to move out. A three day notice can be served as soon as payment is due, and in most states is a requirement before a landlord tenant action can begin. If you have a written lease, you should review it to recall what day of the week the rent is officially due, and to confirm the lease doesn’t specify a longer amount of notice before initiating an evictions proceeding (i.e. a 30 day notice).
Determining the 3-day period incorrectly on the notice or filing the case in court prior to the expiration of the 3-day time period will likely result in your landlord tenant action being dismissed. Weekends and holidays observed by the court should not be included when calculating the three day time period. For example: a 3-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 initiate your evictions proceeding before the conclusion of the three day notice period, or your landlord tenant action will be dismissed.
You can only ask for rent amounts that are overdue in your 3 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 claim items other than rent in your 3-day notice or money that is not due yet (future rent), your evictions action can be dismissed by the court.
The three day notice should be personally delivered to the tenant. In some states, verbal 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 landlord tenant lawyer long island can advise you of your state’s laws via e-mail or telephone.
If personal service is not an option, you can also mail the 3-day notice to your tenants. However, please note that you usually must add 5 days each way for mail time, depending on your state’s laws. In other words if you use the mail to deliver an eviction notice suffolk county, you have to allow 13 days before commencing an evictions proceeding (three days + five days + 5 days).
There are some instances where delivering the notice via mail is the only choice or where the tenant will always be allowed to use the mail to respond to a 3-day notice. This usually happens when the landlord uses a P.O. Box or an out-of-town address for the tenant to mail rent to.
If your tenants pay 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 accept it. If you accept partial payment of some of the money due, then the 3-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 evict your tenant, instead of initiating a non-payment eviction proceeding, you must bring what’s called a holdover eviction proceeding. You should consult with a landlord tenant lawyer in your state for more information on the steps necessary to bring a holdover proceeding.
If there are any deficiencies in your 3 Day Notice, or if you bring an incorrect type of evictions action, courts such as the landlord tenant court long island will dismiss your case. If you’re not from Suffolk County or Nassau County, consult with your county’s court for their requirements. The consequence of a dismissal is that a new and correct three day notice must be correctly served, and the action has to be started again from scratch. This allows the renters to remain in the property for up to months longer than necessary.
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 eviction case. This is why it is almost always preferred to hire a professional to handle the matter for you as quickly and expeditiously as possible. Good luck!
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DoMyOWnEvictions
551 days ago
The landlord will have to register an unlawful detainer lawsuit. This is to be done in one of the superior court. This is the judicial process and one party is to be called the plaintiff and the other is to be called the defendant. In fact the tenant is called the defendant and the landlord is called the plaintiff. If you have gone through any judicial process then you must know about this process clearly.