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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9129
Experience:  Since 1983
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what is the laws regarding eviction on a month to month basic?...

Customer Question

what is the laws regarding eviction on a month to month basic?... yes im behind on rent as of 2day im 2 months but i have money to pay just havent hooked up with the landlord in the last few days. landlord has accepting late payments in the past.. where do i stand?
Submitted: 5 years ago.
Category: Business Law
Expert:  Richard replied 5 years ago.

Good evening. The law does not allow the landlord to forcibly evict a tenant without obtaining an eviction order from a court. What that means is if you are in default, the landlord must first deliver a 5-Day Notice to quit...which basically says you have 5 days to pay the rent, to leave, or face eviction. But, if you still haven't left or paid the rent, the landlord must then file a petition with the court for an eviction order. Only when a judge has issued the eviction order can the landlord have you evicted. In the meantime, if you pay the rent prior to the eviction hearing and the landlord accepts it, that stops the eviction process.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 5 years ago.
the landlord left a hand written note taped to the building door saying he wants us out by 1-1-12 so could u please find another building to rent... thanks xxxxxx ... im going to stop my his business in the am and pretend we didnt know bout the note as we wouldnt normally my husband just ran back into the shop to get some stuff he left.. but if he accepts the rent tomorrow does that stop the fact we have to leave? sorry just not sure where i stand?
Expert:  Richard replied 5 years ago.
Yes, if the landlord accepts the rent, that's the end of it.
Customer: replied 5 years ago.
even if the note to leave says nothing about the reason for past due rent?
Expert:  Richard replied 5 years ago.

If they accept the rent, then that's the end of things for the eviction for the default; but, since you are month to month, either party can terminate by giving the other party written notice of at least 30 days. So, it would be good to terminate your tenancy...but with that, if 1.1.12 comes and you haven't left, then the landlord will have to start the eviction process all over.

Customer: replied 5 years ago.
and what is that process? and does the written notice work just being taped to the door or does he have to have proof we were given written notice?
Expert:  Richard replied 5 years ago.
Same as above...5-Day Notice to Quit and then the hearing for the eviction order....it will buy you another month or two.
Customer: replied 5 years ago.
and does the written notice work just being taped to the door or does he have to have proof we were given written notice? does that serve as a 5 day notice to quit?... the note simply said i need my building by 1-1-12 do u mind finding another place to rent.. thanks xxxxx
Expert:  Richard replied 5 years ago.
That would be sufficient to give the 30 days notice.
Customer: replied 5 years ago.
and if we r not out by 1-1-12 what happens then?
Expert:  Richard replied 5 years ago.

Same as I said above.....5-Day Notice to Quit and then the hearing for the eviction order....it will buy you another month or two

Customer: replied 5 years ago.
sorry not understanding .. as long as he is accepting rent we can stay? even if he keeps giving us notices to leave? .. is that how it goes until he goes to court?
Expert:  Richard replied 5 years ago.
At this point....I've told you all I can tell you....we're obviously not communicating well so I'm going to opt out and let someone else help you.
Customer: replied 5 years ago.
Relist: Incomplete answer.
guess he wasnt understanding what i was asking ... just need more info
Expert:  N Cal Attorney replied 5 years ago.
If a landlord accepts rent after serving a notice to pay or quit, that acts to withdraw the notice.

If the notice was not a pay or quit notice, please describe it.
Customer: replied 5 years ago.
the note simply said i need my building by 1-1-12 do u mind finding another place to rent.. thanks xxxxx
Expert:  N Cal Attorney replied 5 years ago.
A 30 notice of termination of a month to month tenancy is valid and does not have to state a reason. Also, the landlord is entitled to collect rent up to the date specified in the notice, and accepting rent after giving that type of notice is not a waiver of the notice.

The notice sounds valid.

You can get a free consultation from some of the landlord tenant lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Landlord_Tenant/Oklahoma

Only a local attorney can give you legal advice, but I hope this information is helpful.
Customer: replied 5 years ago.
if the notice had said .. please leave due to non payment of rent and he accepts payment then what?
Expert:  N Cal Attorney replied 5 years ago.
Then accepting payment would normally act as a waiver of the notice, but it depends if the notice is conditional or unconditional.