Eviction notices are time-consuming process especially if the property owner required criminal checks. If they found out that you have been evicted in the past, the owner may not allow you to rent the place for this very reason. In their own understanding, you are a high-risk renter and they don’t want to deal of another ejection process later on.
If you don’t want to see yourself in this situation, make sure you pay your rental obligations on time. You also need to follow the building guidelines. Should the need arise that you need to vacate the place, talk to the owner to settle everything particularly if there are rental dues coming. If you can’t pay the rent, you can execute a promissory note or similar written understanding, to keep the owner from going to the court to settle the case.
When we say eviction notice, the property owner has already gone to the court to request assistance for your eviction. A process server or the owner himself usually serves this notice.
Under the law, you have 30 days to vacate the premises, but this duration differs from state to state. If on the 31st day and you are still in that place, the deputy sheriff has the power to remove you or your belongings physically from the premises.
Most apartment leases have this five day pay or vacate clause, which states that the owner can evict you if you do not pay the rental dues. This clause can be executed on the sixth day of non-settlement period. However, many property owners do not exercise it unless of course if the place you are renting is a highly sought after location or property. If you don’t pay for the rent, you are at the mercy of the property owner especially if you have vacated the place without paying your dues. All the same, the owner can go to court to settle what is due for him and might include storage fees for your property.
You can fight for an eviction notice especially if you live in an area where in winter laws apply and it states that you cannot be removed or evicted during colder seasons. This will buy you some time to find another place to transfer. However, this opens another opportunity for the owner to sue you to collect any unpaid rental and litigation costs.
If you feel that the property owner has been treating you unfairly with regard to the eviction notice, you can request the court to strike out from its records the filed eviction notice in exchange of you vacating the place in the next few days. This is probably the best thing to keep your records smudge-free. The court can do this only if you have shown valid reasons why removing this record is necessary.