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Marsha411JD
Marsha411JD, Attorney
Category: Legal
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Experience:  Licensed Atty, 28 yrs exp in the practice of law.
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How many days notice does a landlord have to give a tenant

Resolved Question:

How many days notice does a landlord have to give a tenant for eviction
Submitted: 4 years ago.
Category: Legal
Expert:  Marsha411JD replied 4 years ago.
Hello,

If you are being asked to move for any reason other than nonpayment of rent, your landlord must give you a written notice to vacate prior to filing for an eviction in court. The notice must be:

  • 15 days before filing an eviction case, if your lease is for one year or less; or

  • 30 days before filing an eviction case, if your lease is for more than one year.

When you do not have a written lease and it is month to month, the landlord does not have to give you a reason for the notice to vacate. If you stay beyond the date listed in the notice, then you are considered a holdover tenant and the landlord can begin eviction proceedings or accept rent from you, which would cancel the notice to vacate.
Customer: replied 4 years ago.
Marsha, I had gleaned that information from other sites and the landlord handbook. My query was this. If the landlord tapes a handwritten note to my door saying that they want me to be moved out by May 7, 2010; is that cut and dried without a lease? OR...are they now bound to take the matter to court to actually enforce the eviction? There has been no criminal activity...and rent was paid in advance through the end of this month.

Thanks,
Chuck
Expert:  Marsha411JD replied 4 years ago.
Hello again,

I'm sorry if I didn't make myself clear or left out some detail but yes, that is an effective service of the notice and, as I said, if you don't leave they can start eviction proceedings against you. The only way they can get you out if you don't go voluntarily is with a court order. They can't lock you out or turn off your utilities, they must get the court order which means that if you stay you will be served with court paperwork that will explain how long you have to respond and when your court date is. Again though, with a month to month non-written lease, your landlord does not need a reason to ask you to leave.
Customer: replied 4 years ago.
Thank you. As long as they can't just lock the place up or come with shotguns to oust me...fine. A formal eviction proceeding must occur then correct? Through magesterial means or otherwise.
Expert:  Marsha411JD replied 4 years ago.
Yes, in order to forceably remove you the landlord must go through the courts. Having said that, you may want to seriously consider leaving voluntarily since your eviction will be noted on your credit report and it will make it more difficult to find future landlords who are willing to rent to you.
Customer: replied 4 years ago.
I'll be leaving volunatrily...noted. I just can't 'jump' in 30 days time; which is what they expect me to do. Thanks again...you've been most helpful.
Expert:  Marsha411JD replied 4 years ago.
You're welcome and best of luck to you.
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17269
Experience: Licensed Atty, 28 yrs exp in the practice of law.
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