Can incorrect information on a 3 day eviction notice make that notice void therefore obligating the landlord to serve another 3 day notice?
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Can incorrect information on a 3 day eviction notice make that notice void therefore obligating the landlord to serve another 3 day notice?
The eviction notice I received is dated 3 days prior to when my rent is due and is asking for an amount more than what I owed. Also, the date is incorrect. He was asking for money from last month but wrote the 15 of this month when my rent is not due until the 18th. Therefore, is this 3 day notice void and does he have to start over?
Asked on August 19, 2011 Nebraska
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From the information that you have provided here I would say that the 3 day notice is indeed defective and therefore he would have to serve you again and properly this time. But you need to know that although you know it is defective, the court does not unless you tell them. SO you need to make sure that once he starts an eviction proceeding you advise the court that the original notice was defective. This makes the subsequent eviction also defective as the notice is a pre-requisate to the eviction proceeding. And remember that the eviction proceeding also has to be properly served (as does the notice; we focused so much on the working that I forgot to mention that). Good luck to you.
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