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i got a paper on my door on 8- 9- 12 telling me i had to move

 
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  • Answered by:Barrister
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Customer Question

i got a paper on my door on 8- 9- 12 telling me i had to move in seven days but it has the wrong address on it and is sigined by the secarety what can i do

 

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State/Country relating to question: Alabama

Already Tried:
i have called and even went up to the office and was rudely told to get the f out or they would put my stuff out in the morning.

Submitted: 283 days and 2 hours ago.
Category: Real Estate Law
Value: $25
Status: CLOSED
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Expert:  Barrister replied283 days and 2 hours ago.

Hello,
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Is this for a rental unit?
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What is the reason for the 7 day notice? late rent?
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Thanks.

Barrister

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Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

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Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

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I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer replied283 days and 2 hours ago.

yes i missed my rent once and i told them i would make it up they are being very rude

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Expert:  Barrister replied283 days and 2 hours ago.

Ok, if the address is incorrect on the notice, then it would not be legally effective. The fact that a secretary signed would not affect it if the secretary is an agent of the owner.
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So if they tried to evict based on the notice, tenant could challenge it as improper due to the wrong address. It would then be up to a judge to determine if the incorrect address, but the correct party would be enough to throw it out and make them start again with a new notice. If he threw it out and made them file it again, then that would give tenant additional time to get the rent and any late fees to pay within the new 7 day notice period.
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But typically judges require strict compliance with any notice given to the tenant and if it is defective, they make the landlord start over again.
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Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Barrister41135.9879804051

Customer replied283 days and 2 hours ago.

does it matter that they did not say what it was for that i had to move

Accepted Answer

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Expert:  Barrister replied283 days and 2 hours ago.

Well, the 7 day notice would have to state the grounds for why it was issued. So if it is a breach of the lease, it would typically say that "clause XX of the lease" has been breached. If it is for late rent, then it usually says the tenant has failed to pay rent when due. But in Alabama, a 7 day is typically for failure to pay rent and should state so on the top of the notice along with the amount due.
.

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.


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Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 98.2 %
Accepts: 4255
Answered: 8/15/2012

Experience: 13 years real estate, Realtor. Landlord 24+ years

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