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Gerald-Esquire
Gerald-Esquire, Other
Category: Landlord-Tenant
Satisfied Customers: 3444
Experience:  30 Years of experience.
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We have not had a lease in 5yrs the frist two years we had a

Customer Question

we have not had a lease in 5yrs the frist two years we had a lease we do not want to sign a lease or and we are not going to pay a increase the property is falling apart problems with electrical plumbing fence and others can she evict me and how soon
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

When there is no written lease the term (time frame) of the lease is called a "Moth to Month." Under a month to month lease either party can end the rental by providing 30 days written notice.

If the landlord provides you a 30 day written notice and you do not leave at the end of that 30 days she can put you out herself. She must go tot he court and initiate the eviction process.

That process differs a little from state to state. And it is best to reference your state's Landlord Tenant Act. But the basics are pretty much the same:

1) After the 30 days she must give you a 10 day Notice to quit.

2) After that she must file a Summons and Complaint against you. This takes place in Magisterial Court (Small Claims) Court.

3) You are entitled to file and answer and go to a hearing to fight the eviction.

4) After which the Court will issue an Order of Eviction.

5) After which the Sheriff will serve an eviction Notice and provide a few more days.

6) After which the sheriff can remove you from the property.

That in a nutshell is the process and a rough idea of the time frames.

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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