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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37067
Experience:  Attorney over 16 years, landlord 26 years
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How can I rescind an eviction notice?

Customer Question

How can I rescind an eviction notice?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Can you tell me what state you are in?
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Are you the landlord and sent a notice to a tenant that you were terminating their tenancy?
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Not a formal eviction summons and complaint from the court, correct?
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Was there some kind of breach of the lease?
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What was the reason for the eviction notice?
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Does the tenant want to stay?
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thanks
Barrister
Customer: replied 2 years ago.
1.Georgia
2. I am the landlord and I filed a notice of Eviction which was placed on my front door by a deputy today.
3. Correct
4.No
5.To keep the tenant from coming into my home and taking items that are not his
6. No
Customer: replied 2 years ago.
I wish to rescind the Eviction Notice because he has agreed to draw up a settlement agreement regarding property.
Expert:  barristerinky replied 2 years ago.
Ok, if you haven't filed a formal case for eviction through the courts, you can just choose not to do so and nothing would come of the notice.
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After a notice to terminate the tenancy is posted, you still have to go through a formal eviction action in court by filing an eviction summons and complaint, called a dispossessory warrant.
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But if you have given the tenant a notice to terminate, they didn't, and then you filed a formal dispossessory warrant action in the local court, then you can simply contact the court clerk and fill out a request to dismiss the action or just not show up in court on the date set for the hearing. Either one will get the case dismissed.
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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
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thanks
Barrister

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