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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33791
Experience:  Attorney for over 15 years, landlord 26 years
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Actually, it's a continuation of the question you

Customer Question

Actually, it's a continuation of the question you answered yesterday. Whereas, a perform or quit was given, tenant complied so a warning was given. I stated on the warning any future violations would warrant a 30 day eviction notice - the tenant is my
brother. There's no way he could possibly be out in 3 days, simply doesn't have the means or resources - he also has 5 sons, 4 of them age 8 and under. Is it at the homeowners discretion as to how many days is given to vacate? As family we don't want to make
it harder than it needs to be. Yet he's 43, and needs to be on his own, my parents have enabled him and taken care of him all his life. He's lack of responsibility has put a strain on all of us and this situation needs to end. So to clarify, when I initially
gave him the 3 day notice and he complied, when I gave him the warning did I basically take it back to square one? I felt that since there wasn't a written agreement and everything had been oral prior, having him sign the warning accepting the terms would
serve as such. Have I totally confused you yet? Sorry, I'll simplify.. Am I able to give him a Notice to Terminate and a 30 day eviction notice at the same time and should he not vacate within the 30 days then go to court to request a sherriff's lock out?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello again,

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Is it at the homeowners discretion as to how many days is given to vacate?

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Yes, you just have to give at least 3 days before filing an unlawful detainer for breach of contract.

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So to clarify, when I initially gave him the 3 day notice and he complied, when I gave him the warning did I basically take it back to square one?

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Correct.

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Am I able to give him a Notice to Terminate and a 30 day eviction notice at the same time and should he not vacate within the 30 days then go to court to request a sherriff's lock out?

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Yes, but it would be redundant because you can just give him a 30 day notice to terminate if he has lived there under a year. If over a year, then you have to give him a 60 day notice. But you could also give him a notice to terminate based on breach and only have to give him 3 days by law to vacate if he is somehow breaching the lease other than not paying rent on time.

.

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thanks

Barrister

Customer: replied 1 year ago.
He's lived there rent free for 15 years. Only him and his family are authorized to live there. Appears to be subleasing creating a disturbance to the neighborhood which is another issue in itself.
Customer: replied 1 year ago.
I can give him a 30 day notice to terminate since he breeched the lease/continues occupancy terms
Expert:  barristerinky replied 1 year ago.

Yes, you can give him any where from a 3 day notice on up... You are only obligated to give him a 3 day notice for a lease violation, but you can give him a 30 day for a lease violation if you want to.

..

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thanks

Barrister