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Email Eviction

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Banned_Princess

Senior Member
Well, I suppose it is true, that the LL can file at any time, whether or not they have given any notice at all.

But a knowledgeable tenant would bring up the lack in notice in the first second of the proceeding.

Causing the LL to start again.
 
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atomizer

Senior Member
Sorry if that came off as a hijack..

Just thought that it might be in fakespace's best interest to know the answer to that before fakespace plays ignorant on the email. Maybe s/he doesn't want an eviction on his/her record? Because if s/he stays and pretends to not receive the unofficial notice, the landlord may still file eviction withOUT having the written termination sent but instead on legitimate grounds for eviction, and risk a judgement against him/her, you know? But if a notice of written termination is required in that state before eviction, then fakespace gets extra time to stay and wait for the certified or hand delivered notice, wait out the 30 days, and then wait for the hearing date, too.
Igonre bp.
On a month to month tenancy, in most states the LL does not need a reason to terminate the tenancy. The advantage is that you take away some of the judges excuses for forcing you to continue with the unwanted tenant. I quit doing leases years ago and would not rent any other way. Another advantage is that if you run into the tenant from hell that you simply don't have enough to evict on, you simply cut your losses.
 
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Alright - I get it. In Pennsylvania, where I am, written notice is elective and if said so in the lease specifically. My leases don't, so when I fill out the Landlord and Tenant Complaint form (I did one yesterday and have a blank form here) I check the box that says, "No notice is required under the terms of the lease."

So it would only harm fakespace to pull an ignorant in the state of Pennsylvania under my kind of lease and she would risk a judgement against her, which could seriously harm her credit score and ability to rent in the future. It would be too risky for her. My tenants' first written notice is the Schedule for Hearing notice. I only give oral warning to the tenant before I file and have not lost a judgment. But I'd never evict a tenant for 9 days late like fakespace's landlord. It still sounds fishy to me.
 
atomizer - I see your point - I think maybe though waiting to see if they really are going to vacate in 30 days is too long - especially if you're ending their lease for non-payment. Then you add 30 days + (well in my district in PA, anyway) about 6 weeks when they can legally squat - too long for me. Best to just start the process the minute you decide they're not paying. But maybe you are talking about other reasons you might want them out? If so - like they're damaging property or smoking in the halls, etc., then I can't imagine a judge not going with the plaintiff. I'm still on the fence on M2Ms, though.
 

FarmerJ

Senior Member
No matter what the reason If state or local law doesnt require just cause then a LL with a month to month renter doesnt need any special reason at all to provide proper written notice telling a tenant to move out.
 

atomizer

Senior Member
atomizer - I see your point - I think maybe though waiting to see if they really are going to vacate in 30 days is too long - especially if you're ending their lease for non-payment. Then you add 30 days + (well in my district in PA, anyway) about 6 weeks when they can legally squat - too long for me. Best to just start the process the minute you decide they're not paying. But maybe you are talking about other reasons you might want them out? If so - like they're damaging property or smoking in the halls, etc., then I can't imagine a judge not going with the plaintiff. I'm still on the fence on M2Ms, though.
I too am in PA. Tenants need training to accept that you are a legit business. I have my tenants sign a waver of notice form and they are told that on the forth I will be heading to court. If they are going to be late they wont ignore me because they know they can't. I have a new tenant that has been late twice, I told her that if late next month she better be prepared to move out next month. They know that I take care of things when repairs are needed, but in return I expect my rent on time or they will be replaced. Right now it is a landlords market and many people that have been foreclosed on are renting. There is no shortage of renters.
 
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Banned_Princess

Senior Member
You guys freeking hijacked the thread. The Landlord51 person should have started his own tread as I had directed him to.

The OP IS NOT IN PA, so it is stupid, and confusing to suddenly start talking about it.
 
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like, OMG! fakespace is long gone and couldn't care a hoot what state she's in.

Anyway - earlier in the thread before it was "hijacked" there was a lack of clarity on the two types of notices one can receive in Illinois. Fakespace asked about the one regarding a notice to terminate a lease. But the response was regarding a legal notice to vacate for filing an eviction, and from my understanding, these are separate. And anyway, fakespace could still find herself in trouble (if she cares) if she decides to ignore the unofficial notice and stays in the rental and then receives a notice to vacate. Maybe by the time she receives the certified letter, the landlord could have already gone forward to file for the eviction. But it's only relevant if fakespace is worried about a possible judgement against her.
 

atomizer

Senior Member
You guys freeking hijacked the thread. The Landlord51 person should have started his own tread as I had directed him to.

The OP IS NOT IN PA, so it is stupid, and confusing to suddenly start talking about it.
Just because you are unable to follow or entertain more than one thought or issue regarding any specific thread, it does not mean that others will not. Follow your own advice and make yourself invisible.
 

fakespace00

Junior Member
I'm not long gone, I'm just very confused. I dont know if it is because of the off track messages...

Let me just say that from what I understand, in Illinois, with a month to month lease, I would need to have the LL's intent to evict sent to my by registered mail...is that correct?

I'm actually going to talk to the LL on Monday to see if there is anything I can do to change her mind. (We really love living here :( ) I'd like to be prepared with facts when I do!

Thanks everyone!
 
It's true - in Illinois for month-to-month leases the landlord must give a 30 day notice by either certified mail or hand delivered to end the lease (or posted on the door). If you choose to ignore that notice, and stay in the rental, then the landlord can file in district court for possession, without giving further notice directly to you, or you'll receive that notice directly from the court, probably in the form of a schedule for the hearing. But rest assured you'll have to receive the landlord's official notice first before landlord goes to file. I'd say though if you really like living there you shouldn't pretend that you didn't receive the communication. If you play games like that then the landlord will definitely work to get you out, it'll just take them longer. good luck.

Why exactly does the landlord wish for you to move out?
 

OK-LL

Member
As another poster said earlier, termination of tenancy and eviction are very different things. Terminating a tenancy, whether for cause (pay or quit, cure or quit) or without cause (30-day notice to terminate tenancy) requires notice provided to the tenant as outlined in the state's landlord/tenant law. Your best answer lies in reading the landlord/tenant statutes for your state. Once the proper notice has been provided in the proper manner, if the tenant doesn't act in accordance with the notice (pay or leave, cure or leave, or just leave), the landlord can begin eviction the eviction process by filing a case in court. Only after the court has issued an order can the tenant be forceably removed from the property.
 
It is confusing, isn't it? That's why I asked the question in the first place about the two different kinds of notices. (For the record, my question was for what the law was in Illinois, even though I'm in different state). But in Illinois, apparently, the one notice is enough, but the notice should follow a specific format and be delivered through certified mail or by hand.
 

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