QUESTION
What are my rights and can she physically move me out this weekend and start showing the place to potential renters?
Asked on Jan 23rd, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
I am late on my rent but have paid a small portion (20%). My landlord hasn’t served me a notice at all. Is it legal? I explained she would have the money Friday when I am paid and she said that's not good enough. I’m nervous because earlier this month, she entered the house with no warning. She let herself in to demand payment.
7 ANSWERS
Business Attorney serving Tustin, CA
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Heinly Benson Killian and Kramer
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No, based on the facts you provided, your landlord has not followed California law and would not legally be allowed to remove you from the premises this weekend.
Answered on Jan 29th, 2013 at 10:30 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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In California, before you can be evicted, you must be served with a "3-day notice to pay rent or quit". Anytime prior to the expiration of the 3-day notice and after you have been served with the notice, your landlord must accept your rent payment.
Answered on Jan 29th, 2013 at 9:53 PM
Your landlord cannot move you out unless she has a court order. First, she must file and give you a 5-Day Notice to Pay Rent or Quit Premises. You would have a chance to answer. If you did not answer, she would next need an court order to the constable to move you out on a certain date with warning. Also, she cannot enter your house without warning. Send her a letter to this effect and tell her that if she tries to enter without your permission or a court order, you will sue her. Keep copies of all correspondence.
Answered on Jan 29th, 2013 at 9:06 PM
She can not move you out without a court order. She is not entitled to file an action to get a court order until she serves you with a 3 day notice. With proper notice to you [at least 24 hrs.], she could begin showing the place to prospective new tenants.
Answered on Jan 29th, 2013 at 8:45 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If you are delinquent in payment, the owner can serve you with a 3-day notice to pay rent or vacate. Then at the end of 3-days if you haven't paid the rent, she can proceed with a lawsuit through the court to evict you.
Answered on Jan 29th, 2013 at 8:15 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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She cannot kick you out over the weekend, at least in North Carolina. Self Help evictions are illegal in our state. To evict you, she must give proper notice and then sue you for eviction in Court. Once she gets an order, the Sheriff can assist with the eviction, not a moment sooner.
Answered on Jan 28th, 2013 at 1:02 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Landlord needs to follow procedure in L/T Code for eviction of non-payment of rent. She must send you a 5-day notice before she can even file for summary possession with JP Court. She cannot move you out without a Court Order.
Answered on Jan 28th, 2013 at 1:02 PM