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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110442
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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what happens after 3-day notice to pay rent or quit, I missed

Resolved Question:

what happens after 3-day notice to pay rent or quit, I missed 3 months rent but I also paid 3 months security deposit
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 6 years ago.
WHether or not to apply a security deposit to rent is up to the discretion of the landlord and the landlord does not have to apply it to rent because the purpose of the security deposit is to cover any damage to the premises. If you received the 3 day notice to pay or quit the premises and did not do either, your landlord's next step is to proceed to court and file suit for eviction against you and you would be served with the suit and then it would be set for hearing within 30 days. The court would then order an eviction if you have not moved out and it would be up to the landlord to decide if they will accept the security deposit in lieu of pursuing you for additional rent assuming there was no damage to the apartment it is up to the landlord at that point.

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