Legal Corner: What is a “Notice to Vacate?”

VIDEO: Legal Corner - What is a "Notice to Vacate?"

Submit your questions to Civil matters only, please.

Question: “I am taking my boat out and am pretty sure I have all the required equipment – life jackets, a paddle, an anchor – am I missing anything?”

Answer: You can find all the boating regulations on the Wildlife and Fisheries website:

There are 5 subcategories, and one is clearly marked “Boating Requirements”.

The short answer to your question is: different boats require different equipment. There are regulations for boats less than 16 feet, boats 16 feet to less than 26 feet, and personal watercraft (jet ski).

It should be noted that all three types of boats require registration and validation – validation being the reflective sticker with a year on it – it must be displayed and current. Also, all three type of boats require a fire extinguisher, which also has to be charged up.

Question: “My landlord told posted a 5 day Notice to Vacate on my door because I was a little later with the rent. Does that mean I have to have all my stuff out in 5 days?”

Answer: Proper procedure must be followed. When the tenant breaches the lease agreement (i.e., fails to pay rent), the landlord must first deliver a written Notice to Vacate to the tenant. This notice gives the tenant five days, not counting weekends or holidays, to vacate. If the tenant is not at home when

the notice is given, then the notice may be posted on the door of the leased property. This has the same effect as delivering the notice to the tenant . If a tenant fails to vacate within five days of notice, the landlord will begin eviction proceedings by filing a petition with the justice of the peace or city court. The eviction trial will be heard three days after the tenant has been served. The tenant will then have to appear in court and state why he/she should or should not be ordered to vacate the property. If the justice of the peace finds the landlord entitled to evict the tenant or if the tenant fails to appear at the trial, the court will rule in favor of the landlord. The tenant will be ordered to vacate the property within 24 hours.

QuestionI successfully sued a local business in City Court and won. When I went to collect the judgment and file a lien against the land, I found out it had about $15,000 of liens against it. He is self-employed and therefore cannot garnish his wages. What remedies do I have if any?”

Answer: The old “how to get blood from a turnip” quandary! You can either do some research yourself or pay a private investigator to find out if he owns any other property or bank accounts. Then you would file a judgment/debtor rule with the court (a hearing to determine his assets and ability to pay the judgment). Also, depending on the worth of the property, you may want to add one more lien against it. Otherwise, you should just keep the judgment active in case he or she (or the business) eventually comes into some money or property.

Disclaimer: The information furnished in this answer is general and may not apply to some situations. All legal situations are unique. No one should rely to their detriment on these answers. Anyone with a potential legal problem should seek the advice of a licensed attorney before taking any action or inaction. The answers provided are not intended to be specific legal advice and no attorney-client relationship is created between the SWLA Law Center and the viewers of KPLC-TV.

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