Never recieved a Notice to Quit

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Old Dec 3rd, 2012, 08:56 AM   #1
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Default Never recieved a Notice to Quit

Landlord filed for eviction but I never received a notice to quit. It is nowhere in my lease nor is eviction. It only states that if you are late after the 5th its a $25 charge. Can I use this in court or as a appeal?
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Old Dec 3rd, 2012, 09:00 AM   #2
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Default Re: Never recieved a Notice to Quit

Im past the rent payment part as far as people who say 'of course you will be evicted if you dont pay your rent' obviously, but I am speaking on laws not on what we know. If you are 3 days late and you have not received a notice to quit what are your options in court or for an appeal.
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Old Dec 3rd, 2012, 09:31 AM   #3
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Default Re: Never recieved a Notice to Quit

I wish to inform you that you can take advantage of notice requirement. In this regard you can argue that the pre-requisite for filing a lawsuit is to have notice and in the absence of notice you cannot be evicted because as per lease agreement you only have to pay $25 fine. Notice is required because in order to evict you it is necessary that tenancy must be terminated and termination of tenancy require notice.

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Old Dec 3rd, 2012, 12:01 PM   #4
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Default Re: Never recieved a Notice to Quit

In what state did this occur? MOST states have statutory notice requirements prior to filing for eviction but not all do.

Have you received your served copy of the complaint? It usually has a copy of any notices alleged to be the basis of the complaint attached to it. Is there one?
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Old Dec 4th, 2012, 06:44 AM   #5
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Default Re: Never recieved a Notice to Quit

If your lease has ended and does not automatically renew, your landlord may be able to sue without giving prior notice. Otherwise, yes, your landlord has to give you proper notice before suing for eviction. The eviction process is very detailed and landlords must adhere to strict standards when serving an eviction notice. A Notice to Vacate means that your landlord plans to file a lawsuit for your eviction if you don't move out by the end of the notice period. You may also be able to dispute the eviction on the grounds that notice was never served to you.
However, you need to consult an attorney to get proper help regarding this topic.
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Old Dec 4th, 2012, 01:53 PM   #6
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Default Re: Never recieved a Notice to Quit

no he did not provide me with one he just filed the eviction and no nothing was attached I thank you all!
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