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If you want to fight the eviction you must go to court. In court, you may ask your landlord questions, bring your own witnesses and exhibits (photos, for example), and explain your side of the story. Make sure you bring any court papers you have, as well as your lease or rental agreement, if you have one.
Pay any delinquent rent that is due to the landlord within the allotted time of the notice. Move out of the premises within the allotted time of the notice. File an answer with the judicial court. File a motion to stay with the court.
A 5-day notice to quit form is a document that can be used to notify tenants that they need to remedy a violation of their lease agreement or leave the property. Once received, tenants have five days to respond in some way. If they do not take action, they can be evicted through the court system.
If you have received a complaint as a tenant, you must file an answer with the Clerk of Court. This response must be in writing, listing your proper defenses the reasons why you should not be evicted. The answer must be filed with the Clerk of Court and a copy must be mailed to the landlord in the same 5 days.
At the end of the seven (7) day period, starting when the tenant receives notice, the tenant shall have either fixed the violation (if applicable) or vacated the premises. If the tenant has not done either the landlord may file a forcible entry and detained (FED) with their respective court clerk's office.
You cannot force the landlord to give you an extension. You may be able to negotiate one. But, he will probably want to be paid for it. An eviction proceeding can take some time.
A tenant can file a motion to stay at any time after an eviction notice is served. The court can only stay an eviction order for up to ten days. Most justice courts allow the tenant to file only one motion to stay in any eviction case.
Your landlord must give you a written Eviction Notice, sometimes called a “Notice To Quit.” If you do not have a lease, the Notice will tell you that you have either 7 days or 30 days to move out. If you have a lease then the lease will usually say what kind of notice the landlord has to give you.
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