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Damien Bosco
Damien Bosco, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2454
Experience:  Helping you with your legal questions.
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I have been served a 5 day notice to pay from my landlord, I

Customer Question

I have been served a 5 day notice to pay from my landlord, I cannot afford this and am in the beginning stages of a chapter 13 BK. I am wondering if I do not pay the landlord how long will I have to vacate the property or will i just be shut and locked out of the home immediately
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Damien Bosco replied 6 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 6 months ago.

Hello Lathan: It is not legal for your landlord, at any time, to move you out or lock you out without first sending you a SUMMONS and giving you a chance to appear in court. You may be able to sue your Landlord for damages if you are locked out illegally. So, no, you cannot be shut out and locked out immediately. The notice means that if you are behind in your rent, your landlord must give you at least a 5 day written notice called a NOTICE TO PAY OR QUIT. You must pay the rent you owe or move out within those 5 days. The Landlord can then file an eviction action against you in court. But only can evict once there is a court order to so do.

Expert:  Damien Bosco replied 6 months ago.

Hello Lathan: I am following up to see if you still need further help. If so, please let me know. If not, I hope that I have provided excellent service and, if so, would love you to give me a rating between 3 and 5 stars for the service I provided to you. Best regards.