Christmas Countdown & Court Deadlines

Today is Thursday, November 19; you have 36 shopping days left until Christmas.  If you have been served a home Foreclosure Summons, you have even fewer days than that to respond, and if you have been served a Three-Day Notice to Pay or Quit at your rental unit, you have even less time. Once you receive a Foreclosure Summons, you only have 20 days to file a response or you could be defaulted in the case.  Note:  those are 20 calendar days as the crow flies, not around weekends and holidays.  The clock is ticking through Christmas, Chanukah, Kwanzaa, and Festivus. By contrast, Landlord-Tenant Law works off the courthouse calendar, not Wal-Mart hours.  Landlord notices come in increments of less than ten days.  Because that is such a short amount of time, the court does not count holidays or weekends to allow the tenant time to get things done.  Plus it is harder for a tenant to pay a landlord on holidays and weekends when banks are closed.  Thus in renter eviction, holidays and weekends do not count in notices. Regardless of how many shopping days you have left, if you received a Foreclosure Summons or Three-Day Notice, the clock […] Read More

Holiday Rush & Pause on Renter Eviction

The hustle and bustle of the holidays does not apply to renter eviction.  Landlord-Tenant Law works off the courthouse calendar—not Wal-Mart hours. Tenant eviction is a summary process that can be done in as little as two weeks (if done properly).  Landlord notices come in increments of less than ten days.  Because that is such a short amount of time, the court does not count holidays or weekends to allow the tenant time to get things done.  Plus it is harder for a tenant to pay a landlord on holidays and weekends when banks are closed. As a landlord, you have to follow proper eviction procedure or it might not happen and you could lose more than rent.  If rent is due on Sunday and not paid, then on Monday you can give a Three Day Notice to pay or quit.  You do not count the day on which you give it, thus the renter has until Thursday to pay you.  If rent is not paid, then on Friday you can file a Complaint for Possession.  The Complaint has to be served by a sheriff’s deputy or other person authorized by the sheriff’s department (NOT the landlord).  Once the Complaint […] Read More

April Fools

It is the first of the month, do you know where your rent is?  Renters have to pay rent…it is a simple concept, easy to remember.  The renter pays the rent and the landlord collects the rent and allows the renter to live on the property.  If that relationship breaks down, landlords have a specific period of notification, with action and reaction time, allowing for checks and balances to be brought current before the matter goes further.  As a landlord, do not be an April Fool when it comes to tenant eviction; follow proper tenant eviction procedures. If rent is due Sunday and not paid, then Monday, you can give a Three-Day Notice to Pay or Quit (pay or get out).  The notice must include only the rent that is due and no late fees unless “late fees” are considered “rent” in the agreement. After Thursday, if the rent has not been paid, then you can terminate the lease, but you have to file a Complaint for Eviction with the court.  Tenants in possession do have rights. Landlords have rights too.  The law provides a “summary” or shortened procedure for evictions.  You can choose to file a Complaint for Eviction […] Read More