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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: 3 day or 60 day Posted by dond on May 11, 2010 at 7:11 AM In Reply to: 3 day or 60 day posted by BrianH on May 10, 2010 at 5:28 PM : I did a search in the archives and couldn't find the correct answer. I'm having communication problems with her so hopefully someone can help me figure out if she is a hold over owner or tenant: : http://www.flickr.com/photos/37235567@N03/sets/72157623911839999/ : I love this business..... You don't need to be too concerned about which type of notice to serve. Serve both a 3-day and a 90-day notice. If she is't out after 3 days, hand the case to an experienced eviction attorney. You are covered no matter what she does. Sha may move in 3 days, or after you hand te case to the attorney. She may appear in court, in which case she will have to either admit that she is a former owner, or prove that she is a bonafide tenant. What if she does prove that she is a bonafied tenant, and you "lose" your case based on the 3-day notice. Not good, but not a huge problem either, since you have already served your ninety day notice, and the ninety days has been running while you were pursuing the 3-day case. You risk having to pay an attorney twice - once to pursue the 3-day case and once to pursue the 90-day case. That's the breaks. You will notice that I ignored your question about a 60-day notice. That is not an appropriate notice to serve if you want to evict a tenant from a foreclosure property. Dond Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : I did a search in the archives and couldn't find the correct answer. I'm having communication problems with her so hopefully someone can help me figure out if she is a hold over owner or tenant: : : http://www.flickr.com/photos/37235567@N03/sets/72157623911839999/ : : I love this business..... : You don't need to be too concerned about which type of notice to serve. Serve both a 3-day and a 90-day notice. If she is't out after 3 days, hand the case to an experienced eviction attorney. : You are covered no matter what she does. : Sha may move in 3 days, or after you hand te case to the attorney. : She may appear in court, in which case she will have to either admit that she is a former owner, or prove that she is a bonafide tenant. : What if she does prove that she is a bonafied tenant, and you "lose" your case based on the 3-day notice. Not good, but not a huge problem either, since you have already served your ninety day notice, and the ninety days has been running while you were pursuing the 3-day case. : You risk having to pay an attorney twice - once to pursue the 3-day case and once to pursue the 90-day case. That's the breaks. : You will notice that I ignored your question about a 60-day notice. That is not an appropriate notice to serve if you want to evict a tenant from a foreclosure property. : Dond [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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