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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 18387
Experience:  B.A.; M.B.A.; J.D.
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Was served a 3 day or quit were i didnt even get to take

Customer Question

was served a 3 day or quit were i didnt even get to take action on fixing the issues like pool rules,parking.and kids had to be in at 8pm i go in the office the same day she tells me i had to be out in a week iam on sec8 i tell my worker she tells me to take my manager a 30day notice to move so i do the manager makes a copy for me so i take the copy to my sec 8 worker there hasn't been paper work served to me or my worker saying i had to be out by the 3rd it was just her say so now iam not to sure if i gave do comment and dated notice to my manager and se8 worker iam i ok to stay or do i have to be gone monday ? can she start or serve me with a eviction even if i gave her a 30dayfirst and she took it in her hand?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
tenants rights...if i took my manager a 30 day notice to move and she took it is that excepting it? and if she just said hey you got to be out this day but hasn't served me any paper work by law do-sent she have to give me some kinda paper work showing i do got be out that day.if not is my 30 day notice i gave her good on my behalf to stay? can she start or give me a eviction with my 30 day given already?
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I am sorry, but I do not understand your posts.
Could you review them, make corrections, put proper punctuation marks, and resubmit?
Customer: replied 1 year ago.
sorry about that.ok my manager gave me a three day notice to convict or quit.on that notice it said like follow pool rules,park in my parking,That same day she just she just basically maid a date and said ok i have to move out by the 3rd and if i didn't then she well start a eviction.But she didnt serve me any paper work that document that i had to be out the 3rd.next day i write a 30 day notice to move i take it to my manager she takes it and makes me a copy.but then tells my i still got to be out because she isn't going to except it..My question is if i gave her my 30 day notice and the copy she maid i took it to my sec 8 worker .so that is proof rite? Can she make me move out tomorrow or try to start a eviction.if i gave her my 30 day notice to move and she didn't give me any paper work yet? I hope you understand what iam asking
Expert:  Phillips Esq. replied 1 year ago.
Thank you for the information:
sorry about that.ok my manager gave me a three day notice to convict or quit.on that notice it said like follow pool rules,park in my parking,That same day she just she just basically maid a date and said ok i have to move out by the 3rd and if i didn't then she well start a eviction.But she didnt serve me any paper work that document that i had to be out the 3rd.next day i write a 30 day notice to move i take it to my manager she takes it and makes me a copy.but then tells my i still got to be out because she isn't going to except it..My question is if i gave her my 30 day notice and the copy she maid i took it to my sec 8 worker .so that is proof rite?
Response 1: Yes, that is correct.
Can she make me move out tomorrow or try to start a eviction.if i gave her my 30 day notice to move and she didn't give me any paper work yet? I hope you understand what iam asking
Response 2: Unfortunately, she can still try to evict you as she did not accept your 30-day notice because she has already given you a notice to move out. However and more importantly, she cannot force you to move out without a Court Order. So, she must file eviction action in Court and serve you with a copy of the Complaint and Summons so that you can respond to it and tell the Court why the eviction complaint is not necessary because you have already given the Landlord your 30-day notice to move out and that you want the Court to dismiss the case. You need to attach a copy of the 30-day notice to your answer. You do this to make sure that there is no Judgment of Eviction, which would then make it impossible for you to find another place.
Again, there is no self-remedy to eviction. So, the Landlord cannot change the locks or shut off your utilities in order to force you out. The Landlord MUST use the Court system to accomplish the eviction.
Customer: replied 1 year ago.
That the thing she hasn't gave me any paper work saying i had to be out it was just off her say when i went in the office she gave me tell july 31st then she looked at her calender and goes ill give you to the 3rd..So her taken my 30day notice in her hand isn't excepting it? she only gave me a three-day to perform conditions and/or convents or quit
Expert:  Phillips Esq. replied 1 year ago.
That the thing she hasn't gave me any paper work saying i had to be out it was just off her say when i went in the office she gave me tell july 31st then she looked at her calender and goes ill give you to the 3rd..So her taken my 30day notice in her hand isn't excepting it? she only gave me a three-day to perform conditions and/or convents or quit
Response: If she gave you three-day notice to perform or quit and you have performed, then she cannot evict you. Also, if she tries to evict you—if she files eviction action against you, that would be your defense: that you were given a three-day notice to perform or quit and that you have complied and thus she has no legitimate reason to evict you.
Taking a notice from you does not mean that she has legally accepted the notice. You cannot force her to accept your 30-day notice. However, she cannot evict you if you have complied with her request to perform conditions and covenants.
Customer: replied 1 year ago.
ok when you say she dont have to accepted it then how does that work for me or going to look on me i cant just move out because iam on sec 8 housing.sorry iam just confused with the 30-day thing i was told accepting it was if i write it on paper and take it to her if she takes it from my hands and all i need is a copy from her then thats her acccepting it?
Expert:  Phillips Esq. replied 1 year ago.
ok when you say she dont have to accepted it then how does that work for me or going to look on me i cant just move out because iam on sec 8 housing.sorry iam just confused with the 30-day thing i was told accepting it was if i write it on paper and take it to her if she takes it from my hands and all i need is a copy from her then thats her acccepting it?
Response:Just because you gave someone a notice does not legally mean that the notice has been accepted and therefore the person has to comply with your notice. She has already given you a notice to move out eventhough the notice is defective. If you are worried about your Section 8 and the need to show that you gave a notice, then do not worry about it because you have done your job. You gave her a 30-day notice, which you have a copy of and she said that she would not accept it and she wants you to move out. As previously stated, she has not given you a proper notice to move out since the original notice was a fix it or move out notice, then she verbally changed it to a straight move out notice. What your defense would be is that her verbal notice to move out is not valid, that your 30-day notice is valid even if she said that she would not accept it and the Court should throw out the eviction action and force her to honor your 30-day notice, which is in compliance with your Section 8 Program.
Customer: replied 1 year ago.
Thank you so much for ur help
Expert:  Phillips Esq. replied 1 year ago.
You are quite Welcome!
Kindly give a positive rating to one of my answers so that I can receive credit for assisting you. That is the only way that I get paid for answering questions on this site. Eventhough your account has been charged, the Expert answering your question does not get a share of that deposit until you have given a positive rating to the Expert's answer.
Thank you for your cooperation.

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