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Can a eviction notice occur with one days notice? |
My daughter was given a one days notice of eviction posted on her door. she is in section 8 and the government pays the rent what is her recourse in this matter she was threatened to have a constable remove her if she did not vacate it is the weekend and no office is open for her to turn to EVEN THOUGH SHE HAS SECTION 8 AND MOST STATES PROVIDE 30 DAYS NOTICE, THERE ARE EXEPTIONS. FOR EXAMPLE, IF YOUR DAUGHTER SERIOUSLY VIOLATED THE RULES, SUCH AS NO DRUGS, NO VIOLENCE, NO OTHER "SUB" TENANT, THEN YES, THE LEASE OFFICE CAN TERMINATE IMMEDIATELY. Most states are 30 days. It has to go to court before they can remove you physically. She has to be legally removed by the Sheriff...and served a warrant. If the landlord harass's her she can call the police and file a report. They have to give 3 months notice In the united states, which I am guessing is where you are not considering your use of the word constable, you cannot be evicted in 24 hours unless you have made a threat to the landowner, or threat of damage to the structure, or residents. A 24 hour notice is called a 24 hour notice to vacate, which comes after a ten, or three day notice to vacate. Basically telling you that you have one more day to pay rent before they start final eviction paper work. She should still have three weeks at the least to get her stuff out, maybe longer because she has section 8. You don't say where you live, but it's usually 3 days' notice. Many states require thirty days' notice. She can take this one to court, though it can be expensive. You can have an emegency eviction and they have to give you ten days toget out. Then they have to give you 30 days to get your stuff out. You can get a copy of the tenant and landlord act from your state to see the exact laws. The question really comes down to the state she lives in. In Arkansas, for example, she can be evicted as you describe. In Iowa, she'd have to have 72 hours notice. Each state has it's own laws. She should call an attorney to find out about your state's rental/lease and eviction laws. Most states its usually once the notice is serviced, they have 3 days to get out. Check your landlord/tenantlaws in your state. Sorry to hear that.. No this is not possible. Especially if the rent is paid by section 8. Do a search on Renters rights (your State) and it will tell you what to do. Yes, it can. However, the constable can not remove anything or anyone at this time. If she does not leave, then the landlord will take you before the Justice of the Peace. He will then determine the amount of time you have to move out. If you still have not left by the time given, the J of the P will get a moving company to remove your belongings and place them at a storage unit . You are responsible to pay for the moving company and the storage unit also. Trust me...I've been there . all states require a 30 day notice it would take months to get her out. the landlord is bullshiting her. Your daughter needs to contact an attorney or legal aid immediately. |
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