Landlord's right to possession after posting three day notice to pay rent or vacate


Attorney Tom Olsen: Next on line is Jan, all the way from my hood; College Park. Hello Jan.

Jan: Hello, how are you?

Attorney Tom Olsen: I’m doing fabulous, thank you. Go ahead.

Jan: I’m calling regarding-- I have an eviction question for you. When they give you the notice, the three-day notice, on that fourth day can they come in and take everything out? 

Attorney Tom Olsen: Absolutely not. So, on the fourth day, if the tenant is still there what the landlord must do is to go to court and begin a legal eviction proceeding and after maybe two–three weeks the court would get a court order that would allow the landlord to take possession. So Jan, what you are talking about is a three-day notice that the landlord gives the tenant that says pay rent within three days or move out, at the day number 4 if the tenant has not moved out than the landlord’s next step is a legal eviction action in court. Jan, does that answer your question?  

Jan: It sure did.   

Attorney Tom Olsen: Are you the landlord or the tenant?

Jan: I’m the tenant. I just recently got a new job and I sent them a payment cheque but they denied it. I just received this morning actually right before 10:30 the notice to pay or quit, I guess that’s what you call it.    

Attorney Tom Olsen: If that’s what it is Jan, how much rent do you owe right now? 

Jan: 1,325. 

Attorney Tom Olsen: And how long would it take you to make that 1,325 up to your landlord?  

Jan: I had it scheduled to pay through October actually which is another 725, up to 11/7.

Attorney Tom Olsen: All right. Jan, it’s a shame that your landlord won’t work with you. I hope they might change their mind about this. I’m a landlord and you know every time you lose a tenant as a landlord, you lose money. You got time that it sits there vacant; you got time and money to reinvest in advertising it and cleaning it up. So I think your landlord maybe shortsighted for you Jan, hopefully you guys might be able to work it out and you can stay there if that’s what you want.