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Eviction notice invalid? Eviction Notice

Discussion in 'Eviction, Recovery of Premises' started by reevesamber, May 20, 2015.

  1. reevesamber

    reevesamber Law Topic Starter New Member

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    my landlord is attempting to evict me for failure to pay rent. A notice was placed on my front door but was signed and had a printed name of a person not listed on our rental agreement. Will this notice be considered valid in court if we do get so far as to eviction?
  2. army judge

    army judge Super Moderator

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    What you've received is a notice to vacate, or to quit (leave the premises).

    Should you NOT leave of your own accord, the landlord can take leave to file a lawsuit against you to have you evicted by the sheriff.

    The judge in the eviction proceeding will decide if the notice was sufficient under law to allow the lawsuit to proceed.
    You can certainly bring it up in court as a defense.
    It will only delay the matter.
    The judge will allow it, or rule against it.
    If the judge says no, the landlord will have to serve another notice to quit (with the right name, your name) and you will eventually be evicted.

    Usually judges allow such notices to proceed, referring to them as JOHN DOE notices.

    You really don't want a notice of eviction filed against you.
    Even if you prevail now for a few days, when you next try to rent, you'll start being denied.
    Fighting this will cost you far more than you gain.
    Landlords don't want to take chances on getting stiffed with people who don't pay the rent or cause trouble on the property.

    The mere filing of an eviction will follow you for DECADES.
    You will find only slumlords want to rent to you at outrageous rates for units not equivalent to a filthy kennel.

    If you're smart, leave without making the landlord fle an eviction proceeding.
    There is no way you can win this.
    Pay what you owe, move on.
    If you can't pay, just get out now.

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