Does a 3-day notice have to be a specific form from the court?
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Does a 3-day notice have to be a specific form from the court?
We were recently served a 3 day notice from our landlord. I was told by a friend who manages an apartment complex that they have to be in a specific format from the court itself. The one I received was just something the was written up and does not have nearly all of the information the one from the court house has on it (I went on-line and viewed one for our county). Does this make the 3 day-notice invalid? Also, we have been locked out prior to eviction and they are bad mouthing us to other residents. We can’t pay our rent because they stopped taking money from us before we even got the “notice”.
Asked on December 30, 2010 under Real Estate Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
There are so many issues here that turn the facts in your favor. The last line is a bit confusing. Do you mean that you have tried to pay the rent and they have refused to take it from you? That is probably because it would void the eviction that they have begun. Now, you are correct that certain information is required to be on a 3 day Notice of Eviction in order for it to be valid. State law varies and the one on -line is probably the one that has everything but it may be over inclusive. There is usually a minimum of information. I would, though, challenge the document that you were served with on that basis anyway. Second, how were you served with the notice? The laws in each state are specific as to same as well. That may be your second challenge. Finally, they can not lock you out without a n order of eviction and then generally only the Marshall or sheriff can do so. So I think that you have a good case here. Good luck.
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