Got 3 day notice to pay past rent on 10/04 & prperty is going up for auction today 10/07 cani still get eevicted?
We owe 1,225.00 for past 3 months rent & are former onsite property manager's so landlord told new property mngr to work with us cuz he didn't wanna lose us. My fiance is waiting for disability for hernia operation to come thru.
We got notices that the property is up 4 auction on 10/7 can we still get evicted by original owner if sold @ auction2 sumone else?
Nathan’s Answer
I am sorry to hear of your predicament. The landlord appears to be willing to work with you. Theoretically, nothing is to stop the landlord from filing an eviction if the 3 day notice is not complied with. If you received notice on 10/4, the 3 days would be counted from the day after the notice is served and if the last day falls on a weekend or holiday, you would have until the next day. The last day appears to be today which would mean the landlord could file for eviction tomorrow. But if ownership has changed, that would seem to be a futile exercise. Even if the notice is served incorrectly, or is incorrect in form, again, there is nothing to prevent the landlord for filing unlawful detainer proceedings against you. But it may be unlikely considering the property is up for auction, and ownership and/or landlord may change. The new owner would be able to assume any lease you have, and proceed where the former owner left off, especially if the same landlord or management company is used. You may want to consider seeking attorney representation to monitor and negotiate with the current landlord (if they remain) and/or new owner or management.
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