My landlord served me with a 3 day eviction notice,we had a month to month lease which they terminated because I would not get rid of my pitbull but anyway the notice says at one point "insert the date that is three days from the delivery of this notice, excluding the date of delivery, Saturday, Sunday,and legal holidays" on this line they put 3/13 which is the date they delivered it so they put exactly what it said not to so does that make it defective? Also they are cutting my utilitys and peeking in our windows at night ,I sadly cannot afford a lawyer so I'll likely be defending myself in court. What should I do there?
Yes, the notice is likely defective. Bring the issue up immediately. They will need to re-notice it. However, this is just a band-aid. If you're in violation of the lease for having the dog then they will eventually get you out.
"I sadly cannot afford a lawyer so I'll likely be defending myself in court. What should I do there?" as a tenant lawyer I can tell you with sad certainty - pack and go ASAP. Regardless of whether the 3 day is defective - if they terminated the tenancy at will and you haven't paid rent, they have TWO reasons to evict you. You do NOT want to force the LL to actually the eviction lawsuit as THAT is public record and will cause other landlords to deny you future rental.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
It may need to be re-noticed but will NOT stop the eviction. If you cannot afford to pay rent or a lawyer you simply need to move out before you do damage to your public record and credit whereby you wont be able to rent anywhere or have a place to live. Playing semantics never works out for the tenant.
WE WILL NOT AND CANNOT GIVE FURTHER FREE LEGAL ADVICE AND WILL REFER YOU TO LEGAL AID IF YOU CANNOT AFFORD A LAWYER. Information posted or made available on or through this site is not intended as legal advice or to create an attorney-client relationship between you and any attorney/this firm until officially retained. You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. HK Legal Group, P.A. is a real estate and general practice law firm located in Boca Raton, Florida.
You really have NO "defense" to raise in court - if you are a month to month tenant whose lease has been terminated - and you are not paying rent. All you can possibly do is delay the process and run up the LL's legal fees - that YOU will responsible for!!! (even though you can't afford your own lawyer). Plus, you will have an EVICTION on your record which will make it near impossible for you to rent anywhere in the future (not good). You may want to consider vacating ASAP.
But, if you think you do have grounds to stay - and if you have income, and no substantial assets, you can get assistance from local legal aid. Do not delay.
Hope this helps.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
This is the type of landlord activity that gets me angry for the tenant. Yes, the three day eviction notice is not effective to cancel the lease with the date for payment being the same date as the notice. Also, cutting the utilities is absolutely forbidden. These can make effective defenses to any eviction action. It would be better for you in court to have a lawyer represent you, as the laws and rules in these matters are fairly complicated, and need to be complied with by the tenant with precision. Best of luck to you.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline