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How to Count the Days in a Notice

How to Count the Days in a Notice

  • Posted: Aug 12, 2018
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How to Count the Days in a Notice

We have seen some Notices that were defective Landlords when giving the Tenant a Notice to Quit or Other Notices there are times set for each notice. Find Free Notice to Quit Forms in your State, Tenants can also find Free How to answer an Eviction Form and information.

Counting the number of days in a notice may seem obvious – counting is counting, right? How could you, dear reader, have gotten to this point in life, reading this sentence, without knowing the basics of counting? And yet, in tenant-landlord law, it is not so simple.

Today, we’re going to tackle the Rules.

The Rules Are:

  1. Don’t ever include the day that the notice was served. This is not one of the days you count.
  2. If you are counting the daysin a notice with 10 days or less, you don’t include Saturday or Sunday or holidays.
  3. If you are counting the days in a notice with 11 days or more, you may include Saturdays and Sundays and holidays.
  4. The last day of the notice cannot be a Sundays or a holiday, no matter the length.
  5. “Holidays” here are those that are listed below.
  6. When counting the days in non-renewal notices, the effective date must be the last day in the rental period. (Most rental periods are 1 month, and most rental periods have the rent due on the 1st of the month, which make the last day of the month the end of the rental period.)

 

 

What it means:

  • Counting a 5 day notice:If a landlord is giving a 5-day notice to a tenant, the landlord cannot count the first day it was served, cannot count the weekend, and cannot count any holidays.
    • For example: 5-day is served on June 30, 2014. June 30 does not count (it was the day served), July 4 does not count (it is a holiday), July 5&6 do not count (they are Saturday and Sunday). So the soonest it could end would be July 8. The notice would then be served June 30, and the notice could not end sooner than July 8.
  • Counting a 14 day notice:If the landlord is giving a 14-day notice to a tenant, the landlord cannot count the first day it was served, and cannot count the last day if the last day is a Sunday or holiday.
    • For example: 14-day is served November 12, 2014. November 12 does not count (it was the day served). The soonest that the notice could end would be November 26, 2014.
    • For example: 14-day is served November 13, 2014. November 13 does not count (it was the day served). The last day would be November 27, 2014, except that it is a holiday (Thanksgiving!). The notice could not end sooner than November 28, 2014.
  • Counting a 28 day notice:This kind of notice can be given either by the landlord or the tenant. If one party is giving a 28-day non-renewal notice to the other party (for terminating a month-to-month tenancy, say), then the first party cannot count the day that the notice is served, and must allow at least 28 days’ notice before the end of the rental period.
    • For example: A month-to-month tenant gives a 28-day non-renewal notice to the landlord on October 9, 2014. Rent is always due on the 1st day of the month, as payment for 1 months’ rent, so the last day of the month is the end of the rental period. Here, October 9 would not count as one of the days (it was the day notice was served). 28 days is complete on November 6, but since that is not the end of a rental period, the soonest effective date would be November 30, 2014.
    • For example: A landlord serves a 28 day non-renewal notice to the month-to-month tenant on August 11, 2014. Rent is always due on the 15th day of the month, as payment for 1 months’ rent, so the 14th of the month is the end of the rental period. Here, August 11 would not count as one of the days (it was the day notice was served). 28 days is complete on September 8, but since that is not the end of a rental period, the soonest effective date would be September 14, 2014.

 

 

Pro Tips for Landlords:

  • When is your office open?If you are asking the tenant to take some kind of action (pay your rent! kick out that guy!), and you give them an eviction notice, where they have to take some kind of action by some (thoroughly counted) date, make sure that you are available on that date. If you happen to be closed the entire month of December, then asking them to turn in their rent by the 15th or move out won’t be a great play. How can you know what happened if you weren’t even there?
  • What if you get an inaccurate date in a non-renewal notice?So, let’s say your tenant gives you a non-renewal notice, and it doesn’t have the correct end date (ie, it doesn’t end at the end of the rental period, or there aren’t 28 days between being served at the end of the tenancy). The notice is still valid. The dates are not. The law is pretty clear about this. What this means for you is that the notice is valid, but the dates are adjusted so that the end date is counted correctly. This is as long as you can hold the tenant responsible for the costs under the lease, but if they wish to break their lease and move out early, then you still have the obligation to mitigate
  • What if you give an inaccurate date in an eviction notice?Let’s say you give a 5-day notice, and you forget to take out weekends, and it possibly ends on a holiday, so you really need to give more than 5 calendar days. You don’t have to give a whole different notice, but you do need to write a letter stating that the original notice gave an inaccurate date. Give the corrected date in that letter, and you’re all set. If you and your tenant have agreed on a course of action (like a payment plan or a move out date, and it’s all in writing), then you don’t need to clarify your notice, since you have a kind of “mutual agreement.”
  • Date calculators:Sometimes it’s tricky to count dates. If you do an easy search, there are many date calculators out there. Here’s one. They can help count the dates, but make sure to double check against The Rules, above, to exclude the days that shouldn’t be counted.

 

 

Pro Tips for Tenants:

  • What if your notice is not counted correctly?When there are errors in notices, we recommend that you WRITE THINGS DOWN, for the love of all that is holy to you, letting the landlord know about the error, and explaining the course of action that you plan to take.
    • Evictions:If an eviction notice is poorly counted, be careful. If you need that extra time in order to resolve the situation (or for stalling purposes), then write a letter and say when you believe the correct end date for the notice is. Cite the laws, and explain what you hope to have accomplished by that time. Later, this could help you dispute an eviction, if the landlord takes premature action on a notice where the timing is too short.
    • Non-renewal: If you get a non-renewal notice, and the dates are not right (ie, it doesn’t end at the end of the rental period, or there aren’t 28 days between being served at the end of the tenancy), then the notice is still valid. The dates are not. The law is pretty clear about this. Figure out when the correct end date is, and write a letter and explain that you’ll treat this as a valid notice, but that the effective date will really be ____.
  • Date calculators:Sometimes it’s tricky to count dates. If you do an easy search, there are many date calculators out there. Here’s one. They can help count the dates, but make sure to double check against The Rules, above, to exclude the days that shouldn’t be counted.

 

As with any notice the number of days of a notice to Quit must be followed. If the Landlord does not give the proper time of the said notice, That Landlord can be in violation of a notwithstanding notice to the Tenant. Read your states Laws and Learn how to protect yourself and your home, Apt and Condo in the event of an Eviction.

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We are an Eviction Information Website  Serving Landlords and Tenants with Legal, Laws, Eviction Process and Tenant Information for defending Evictions. We cover every State Clients can select the state they live in and find the information in that State.

 

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North Charleston’s eviction rate is the highest in the country

North Charleston’s eviction rate is the highest in the country

  • Posted: Jul 11, 2018
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North Charleston’s eviction rate is the highest in the country

In a digital drop of Knowlesian proportions, a team of researchers at Princeton University has released the most detailed portrait of American evictions thus far and has come to a stunning conclusion: North Charleston’s eviction rate more than tripled from 2015 to 2016, making it the highest eviction market in the country.

Beginning in 2017, the team at Eviction Lab — led by sociologist, professor, and author Matthew Desmond — pored over 83 million eviction records dating back to the year 2000. The data, released earlier this month, is mostly based on available court records, but it provides the most accurate glimpse into an insidious facet of the national and regional housing crisis.

North Charleston averaged a whopping 10 evictions a day in 2016.

Sixteen-and-a-half percent of renters in the 104,000-person city were officially ordered to leave their homes by a judge.

What’s more: North Charleston had an eviction filing rate of 35.62 percent, meaning that almost 36 eviction proceedings were started per every 100 renters in the city in 2016.

The second city with the most evictions per renters was Richmond, Va. There, 17 people a day enter the painful and disorienting reality of eviction based on the most recently compiled data, but the percentage of evictees as it relates to the population — which is more than double that of North Charleston — is lower. Columbia was the eighth worst city on the list, with an eviction judgment rate of 8.2 percent, amounting to six eviction per day in 2016.

Matt Billinglsey is a Charleston-based eviction attorney for South Carolina Legal Services, a non-profit providing free legal aid to low-income South Carolinians in civil cases.

Though more than 86,000 evictions were filed in South Carolina in 2016, S.C. Legal Services had the resources to represent tenants in only 458 cases. For comparison, more than 41,000 South Carolinians were eventually ordered to pack their belongings and start anew elsewhere in 2016.

 

The figures compiled by Eviction Lab reveal an interesting trend. Though the number of eviction filings in North Charleston actually decreased from 2015 to 2016, the number of people who were ordered out of their homes by a judge more than tripled, going from 1,148 in 2015 to 3,660 in 2016.

Billingsley acknowledges the spike in eviction judgments in North Charleston, but says he hasn’t noticed anything suspicious in the process delivering these catastrophic results.

“The judges here are pretty good,” he says. “I didn’t see anything that would draw some red flags as far as the court system goes.”

Experts agree that South Carolina has fairly middle-of-the-road housing laws. The causes of the high eviction rates in the area are more directly tied to evergreen issues: housing segregation, poverty, and lack of legal information. The New York Times noted that, in Richmond’s case, the city houses many poor African-American communities in low-quality housing with little chances for upward mobility.

 

 

Four of the top five cities with the highest eviction judgments are more than 48 percent African-American, according to U.S. Census estimates.

In Berkeley, Charleston, and Dorchester counties — the three jurisdictions comprising North Charleston — the filing fee for an eviction is $40, and a writ of ejectment with the help of a constable or a county deputy costs an additional $10. All in all, it only costs landlords $50 to get a tenant out of their property in most of South Carolina for something as simple as being 5 days late on rent after a written notice, as allowed by state law.

The cost to aggravated landlords is higher in states like Minnesota ($287 in district court) or Massachusetts ($120 in housing court).

“One thing that’s a little bit peculiar to South Carolina is that our evictions, compared to other states, are very cheap,” says S.C. Legal Services housing unit director Adam Protheroe. “A lot of landlords aren’t very reluctant to file, and they also use evictions as a rent collection technique. You’ll see serial filings, and it suggests that landlords are using that for rent collection.”

This misuse of the judicial system may even be inflating the city’s eviction rates — and it caused a headache for Princeton’s researchers.

James Hendrickson, a researcher at Eviction Lab, says that the team also noticed a pattern of serial evictions against the same tenants in South Carolina’s court records.

“Even though the data indicates that an eviction or judgment was issued, that person shows up a month later,” Hendrickson says. “From that, we can tell they haven’t left the property. We do our best to count them one time, rather than multiple times.”

Hendrickson and his colleagues are still in the process of interpreting their own numbers through meeting with legal aid centers, housing advocates, and experts throughout the country. One thing that stuck out to him is the income disparity between North Charleston and its wealthier neighbor.

“The median cost of rent [in North Charleston] was about $900 dollars, and in Charleston it was $1000,” he says. “But in comparison to median household income, it looks like [the difference is] about $15,000 a year. It’s an interesting question in the interplay between income and rent.”

Though the amount of people who actually vacate their properties following an eviction order is up in the air, it’s also unclear how many renters simply leave their properties when asked by their landlords without involvement from the courts.

There are three reasons why landlords can file for eviction under the state’s Residential Landlord and Tenant Act: nonpayment of rent, end of lease, or a violation of the terms of the lease. That first reason is responsible for the vast majority of the state’s filings, according to Protheroe.

“Cost burden is what it comes down to,” Protheroe says. “We see a lot of people who are paying 50, 60, 70 percent of their income just on rent, not on food or utilities. A high light bill will do it, a sick kid would do it.”

The Eviction Lab methodology puts part of the blame on wage stagnation and rising rents.

 

“In recent years, renters’ housing costs have far outpaced their incomes, driving a nationwide affordability crisis,” according to the report. “Current data from the American Housing Survey show that most poor renting families spend at least 50 percent of their income on housing costs. Under these conditions, millions of Americans today are at risk of losing their homes through eviction.”

Evictions in the area are so common that the three Magistrate Courts handling cases in North Charleston have resorted to what are commonly referred to as “cattle calls” to deal with the cases. In these mass hearings, multiple defendants are called up to the podium one by one to explain their case, often without representation.

“You just watch tenant after tenant get evicted,” Protheroe says. “They don’t know there is a defense, or they don’t know how to argue it. It’s difficult to watch sometimes, but there are rules that prevent us from trying to snatch clients in situations like that.”

Kendra Stewart, a professor at the College of Charleston and director of the Riley Center for Livable Communities, says multiple factors have created a “perfect storm” raining down evictions upon North Charleston’s tenants.

“First, we have seen tremendous growth in the region,” Stewart wrote via e-mail. “This of course creates a strain on the housing market and has led the cost of housing (both home ownership and rent) to increase at a greater rate than wages.

“Add to this three years of record flooding that has hit the most vulnerable neighborhoods the hardest. Often landlords don’t repair flood damage in lower-rent homes or apartments for various reasons, leaving tenants to either stop paying rent or use their rent money to make repairs rather than paying the rent. Either case leaves them vulnerable to eviction.”

A spokesman for the City of North Charleston did not respond to a request for comment, but he deferred responsibility for the city’s eviction crisis to the courts when speaking to The Post & Courier.

“Evictions are wholly a function of the county judiciary,” city spokesman Ryan Johnson told the Charleston newspaper.

By 

 

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North Carolina Evictions, What you need to know.

North Carolina Evictions, What you need to know.

  • Posted: Jul 11, 2018
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Do you have to evict a Tenant? This guide will help you to understand North Carolina Eviction Steps.

1.   Eviction Notices in North Carolina

Serving an eviction notice to the tenant is the first step in evicting them. The type of notice to serve the tenant must be relevant to the violation committed. For non-payment of rent, you must give the renter a “10-day Demand for Rent.”

Simply put, this notice allows the tenant a maximum period of ten days to either pay rent due or vacate the NC premises. If the tenant fails to pay rent within this time frame, you can go ahead and file an eviction lawsuit against them.

You can also evict a “holdover” tenant. This is a tenant who stays beyond their term without renewing their lease agreement. The type of notice to serve a holdover tenant is dependent on the term of the lease. If the lease was:

  • Weekly – serve a 2-day notice
  • Monthly – serve a 7-day notice
  • Yearly – serve a 1-month notice

These notices are also referred to as “unconditional notices to quit.” This means that the tenant has no other option but to leave. In other words, there is no option to “cure” the violation. If the renter doesn’t move out within the time specified, you can go ahead with the eviction process. You don’t need to serve them with another notice.

It’s important to note that after the lease term expires and prior to filing a complaint, you must not accept any payment. If you do, the previous term of the tenancy will renew automatically.

Aside from non-payment of rent and a holdover tenant, you can also evict a tenant in NC who violates other lease terms. For example, a tenant who:

  • Brings in an unauthorized tenant
  • Keeps a pet when the lease is against it
  • Repeatedly disturbs neighbors, or
  • Damages the rental property

Additionally, according to N.C. Gen. Stat. § 42-11, a tenant can be charged with a misdemeanor for intentional or willful damage to the rental unit.

In North Carolina, you aren’t required to give the tenant a chance to remedy the lease violation. You can file an eviction lawsuit against the tenant immediately after knowledge of the violation.

Lastly, landlords can also evict a renter engaging in criminal activities like drug trafficking. Here, North Carolina eviction laws allow for an expedited eviction. Also called “Article 7 eviction,” you may file an expedited eviction against a tenant, a tenant’s household, or a tenant guest or guests engaging in drug trafficking and other criminal activities within the rental property.

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PROFESSIONAL TENANTS AND HOW TO AVOID THEM

PROFESSIONAL TENANTS AND HOW TO AVOID THEM

  • Posted: May 06, 2018
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PROFESSIONAL TENANTS AND HOW TO AVOID THEM

 
Professional tenants are a landlord’s worst nightmare, the ones you read about in the newspaper. These individuals are notorious for cheating the system and using loopholes, leaving landlord’s with lost rental income, a damaged property, and a huge headache. They will complain about the smallest of messes and become the largest hassles.
 
In order to get away with such actions, professional tenants have created some pretty elaborate strategies. Here are the top 5 tactics from professional tenants. If you find your tenant is doing any of the below, then you may have a professional tenant.
 
#1: PAYING PARTIAL RENT
Often times, professional tenants will pay only a portion of the rent each month. When a landlord has accepted partial rent one month, then State laws will not allow an eviction for that month. This provides the tenant with more time in the property with overdue rent, and most often, they’ll continue to delay each month. Before the landlord realizes it, the tenant is close to lease expiration with an exorbitant number of past due payments. Don’t accept partial payments and require full amounts on exact dates to avoid these schemes. If a tenant is late, be prepared to start the eviction process right away. Also, never accept partial rent.
 
#2: PAYING RENT BEFORE THE LATE FEE
Professional tenants understand a landlord is more likely to take legal action for $1,000 of past due rent than for a $50 late fee. These tenants will pay rent before the late fee, claiming the late fee will be paid soon. Guess what? By accepting the rent before the late fee, the landlord is most likely never going to receive the late fee. The landlord becomes emotionally drained as a debt collector and just writes off the late fee.
 
The lease contract is written to align incentives between the tenant and landlord. A late fee is listed in the contract to set the precedent that rent should not be paid past a certain date. Tenants should not take advantage of the payment terms in the contract. By waiving this fee, a landlord signals that the legally binding contract is “flexible,” and it provides professional tenants with the signal that they may be able to bend other terms in the contract. Don’t become drained emotionally and only accept rent after outstanding late fees are paid.
 
#3: PAYING IN CASH
Cash is impossible to track, making it the preferred medium for professional tenant payments. These tenants will lie about making cash payments or even go as far as faking rent receipts. As a landlord, avoid taking cash payments that foster these types of actions. When a landlord is in the courtroom, they want to show a track record of traceable payments followed by no payments. Keep in mind that in some states, landlords are not allowed to refuse cash. If a tenant insist on paying cash, you must create and BOTH sign a receipt at the time the cash is accepted.
 
#4: ASKING FOR TIME
Some tenants will approach their landlord and plead for more time to pay rent. This tactic is usually accompanied by a heart-tugging story of the hardships they are currently battling that prevents them from paying. Unfortunately, it is difficult for a landlord to know the legitimacy of these stories and a tough decision must be made. Allowing for a longer payment period will only make things worse. While it might be emotionally difficult to draw a line, a landlord is not a bank that provides loans. When a tenant is late on rent, they should go to their friends, family, bank, or another source for a personal loan. The relationship between tenants and landlords should be strictly professional and real estate related. If a tenant still cannot pay the rent when it is past due, then the next step is an eviction notice. A landlord may want to consider suggesting to the tenant that if they are late on rent, then they will release the tenant from their lease so the tenant can find a more affordable unit. It may be easier for a landlord in the long run to let a tenant who can’t afford rent to leave then to constantly chase the tenant for rent.
 
#5: CLAIMING THE RENTAL IS UNINHABITABLE
Professional tenants may try to claim the rental is uninhabitable as a scheme to not pay rent. Typically, their process is submitting a maintenance request and claiming it was never addressed. They will withhold rent or break the lease and reference the clause on maintenance and habitability of the property. Every maintenance request should be tracked in a system, providing evidence that the request has been acknowledged and updates have been provided in a timely manner. This type of documentation will save a landlord in the courtroom. While landlords have no power over the judge, maintaining records and photos of your properties can protect yourself from these situations.
 
When a tenant makes a claim that the property is unfit to live in, landlords must refile with proof of a habitable environment. Tenants will then proceed to trash the property in an attempt to justify their claim. Keeping a running log of property conditions and pictures help prove your case, do not forget that tenant damage, beyond normal wear and tear, can be charged back to the tenant. If they are intentionally causing damage to create an “uninhabitable claim,” documentation will help to bring justice in the case.
 
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