Look up your local laws on the eviction process. Also have a copy of your rental agreement and look it over in detail.
In my area, eviction takes 90 days. A notice gets posted on the door, tenant has 90 days to vacate. Tenant can fight the eviction for a number of reasons.
If there are discrepancies between your rental/lease agreement and the law, make sure that the agreement doesn't take precedence over the rental law, which can happen, as some rental agreements in some areas can be considered "personal contracts" the way they are worded. A personal contract can, but it is not likely, circumvent rental law.
Once you have a good idea about the law, you said you were planning on moving, so plan out your move, find a new place, etc.
Take tons of pictures of your place with a way to verify what date it is. You want to be able to prove it is in good condition so the landlord doesn't try to sue you for damage, and try to ream you for your deposit. I'd even rexcomend doing a video walkthrough showing that the plumbing works fine, you haven't damaged anything, etc. Prepare to do this again when the place is completely empty right after youve cleaned it all out, and right before you leave.
Then let your landlord know the date you will move out, let then know that you will pay full rent until that date. Submit this in writing, and in email. That way you can prove it was sent and delivered.
Dont agree to pay any late fee other than what is stipulate in writing on your rental contract. If there is a provision for a late fee, be sure to include that in your written letter that you will pay it for that one week you are late.
If there is a late fee on the contract, make sure on your letter, it says that your week late will include the agreed upon late fee "as per the contract" and if there is not a late fee specifically stated on the contract, do not pay one.
From here on out, keep as many records as you can about how your landlord handles this. You want to make sure you have evidence if he tries anything shady, such as suing for damages to the place that never occurred, entering your residence without proper notice, harrasment, etc.
Download a rental inspection checklist from the Internet, and ask your landlord (always through writing and email) to go through it with you. The two of you walk through the place, make notes and take pictures of everything, then both sign that you agree on the condition of the rental. Make sire that this cooperative inspection takes place after you have cleaned the home, and taken all of your own videos and pictures.
If he refuses to participate, send him an email stating that he refused, and ask the landlord to participate one more time.
Always be polite and professional in all of your communication with the landlord.
The letter to him should be like this:
"Dear (name of landlord),
I am hereby giving notice that I will vacate the premises on (date you are moving out)_______, and that rent for the month of _________ will be late. The tent for the month of _________ will be paid to you by check on (date you will pay)_________.
As per our signed rental agreement, I am giving sufficient minimum notice, and late rent will include a late fee of $_____.___ making the total payment on (date you will pay)_________ to be $____.__"
Type it up, put your typed name and date at the bottom, sign your name in pen, write the date in pen, and mail it to him. Send an exact digital copy of that same letter via email.
If he tries to pull any shenanigans after you've researched and followed these steps, call the police every time.
A history of having the police called on him for harassment, illegal entry to a tenant's property, and whatever else he tries to pull, will make him look really bad if it needs to go to court later.
Try to have the mindset that it will 100% go to court. Act as if a judge is literally watching you in the moment to decide your case. Document everything. Communicate only in writing. Be professional and polite no matter what.
Good luck.
English
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Edited by Vicex: 9/17/2017 2:01:34 PMThat's nice and all... but your post doesn't address the fact the the OP was in the wrong and violated the terms of the letting agreement, and thus the given 'pay or quit' notice he received, is valid, and only has a term of 3-5 days... not 30. People seem to forget that this isn't a notice to terminate without cause... it's something much different.
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Yeah, you bring up a good point, if 3-day notice to pay or quit is legal in that area, the OP may just have to leave. . There's a lot of info that we just don't know, has the OP been a good tenant? Maybe they have paid rent on time every month, but have been super noisy so the landlord is jumping on the first opportunity to get them out. Maybe the contract has a pay or quit clause, or the law supports that. I'm just giving general advice from my area, I've seen this sort of interaction then bad, and landlords sue tenants for damages that the tenant isn't responsible for. Where I live, there is a 3 day grace period for late rent, and after those 3 days, you get a late fee, and when its 30 days late, you get the eviction notice. This is because to move in, you have to pay for at and last month rent, plus a security deposit. That way, the very least amount of time a tenant has to move is 30 days, and that last month is already paid off. If the OP just has a month to month verbal contract and is renting a room on a house or something, it definitely limits their options.
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10/10 post. Big ups to you for writing all of that. It's a situation that can be dealt with incorrectly very easily, and with the legal complications to consider, it's not something everyone knows they're way around.
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Thanks!
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