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10 day notice to quit

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LandlordLaura
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Posted: Fri Feb 1st, 2008 04:02 pm

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For the future, please send polite written correspondence to the Property Manager/Owner in response to the paperwork that you were served with. Within your letter, be sure to politely ask for written clarification within a reasonable time frame (ie. 5 days...). This way, you will be able to clarify any matters in writing so that you have proof and clarity of the situation at hand.

For you own peace of mind, be sure to thoroughly read your Lease Agreement and the Landlord Tenant Laws for the State/County/City where the rental property is located to see how this type of issue/notice is to be legally served and/or addressed by all parties.

State Landlord Tenant Laws (and Leases) vary. It is important that you understand what is legally allowed. You mentioned a "10 day Notice to Quit". Does the notification give you a chance to correct the problem or does it say you are required to move out? The Property Manager/Owner is required to follow the appropriate Landlord Tenant Laws. What, exactly, does the "10 day Notice to Quit" say?

As OH landlord suggested, communication/clarification about these types of issues and a cooperative attitude are very important to solving the problems. Just be sure to get everything in writing to protect yourself.

Good luck with the situation. Please keep us posted as to how things work out...

Last edited on Fri Feb 1st, 2008 04:08 pm by LandlordLaura

OH landlord
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Posted: Thu Jan 31st, 2008 10:51 pm

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Have you had a male visitor staying overnight? On how many occassions? Guest visits are permitted, but one who stays too often would cross the line from guest to unauthorized occupant. If the notice was given, management weither has documented the visits or has witness statements saying he was staying more than allowed. Suggest that he stay less often.

Now you have a noise complaint. Likely someone has filed a complaint with the office about a disturbance from your unit. Whether true or not, management has to follow up on it. Talk to the office and ask what noise they are talking about? Is it your dog barking? The kids? An arguement that someone overheard? Notice to perform or quit means just that - you need to find out what is disturbing the other residents and quit that behavior. Ask exactly what it is about. Then either stop the behavior or promise the office it will be taken care of. Open discussion can usually take care of these complaints pretty easily. It may be a misunderstanding on someone's part. Ask them nicely, and promise to handle whatever it is.

akkelly
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Posted: Thu Jan 31st, 2008 08:14 am

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i have been served a 10 day notice to quit tonight between the hours of 5:30pm and 7:15pm stating that i have 10 days after the date of notice to vacate the premises due to apartment rules and regs section 6: noise and nuisance.

i believe that i was wrongly put on a 6 month probation a few months back, one night in the middle of the night my door was kicked in... nothing happened as the person or persons took off running without coming in. i had the police come by to take a statement and the apartment complex fix the door the very next day. however the same day i had the door fixed i was served my first 10 day notice to quit stating i had a man not on the lease staying with me which violated my lease agreement. i have not nor have i ever had another guest stay with me unless it was an overnight stay which is allowed. i have no idea where this claim came from. and the apartment office manager would not listen to any of my denials and would not take back the probation or the notice to quit.

so now my 2nd 10 day notice to quit is about noise, which i don't believe i have committed. my children are in bed by 9pm and the house is quiet after that and i have not thrown any loud parties. i have never had the police called on me for any loud disturbances. i have however had a recent visit from animal control stating a resident claimed that our dog was seen being kicked and dragged by me, which of course is completely not true. the officer examined our family dog for any physical signes of abuse and observed her reactions to all family members and deemed that she was not abused. personally i feel i have another tenant that has an unknown grudge against me, which doesn't worry me except for the fact that i need to figure out how to go about getting out of the 10 day notice to quit.

any kind of helf would be appreciated, thank you!

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