- You have not been 'evicted' your lease has been terminated. I understand the effect may appear the same, but legally this is very different. A lease termination is simply the landlord telling you (or you telling the landlord) that the lease is over and that you no longer wish to continue the contract, there is "no fault" for either side, and there is no negative record on your rental history. If you fail to vacate the unit and the landlord has to file a "forcible entry and detainer" ("eviction action") with the courts, then there will be an "eviction" and there will be a negative report on your rental record.
- Please understand I say this with all due respect (and I do not mean your disability is "irrelevant" in general). Your disability is irrelevant for the purposes of evaluating your legal position. The landlord does not have any obligation to extend your lease due to your disability, and while it may be possible in some circumstances to get a brief (read 1-3 weeks) continuance on a writ of eviction (the sheriff's forcible eviction that occurs after a judgment of possession in a forcible entry and detainer), based on a disability, the standard you must show is extremely high - it is one where the disabled tenant or occupant is unable to move due to an unforeseen or extenuating circumstance that can lead to irreversible harm or death.
- (In your position your landlord is giving you over a month's notice of the notice to vacate, if you fail to vacate and the landlord is forced to go through the forcible entry and detainer lawsuit (and you defend the action) you can get another 4-8 weeks before the sheriff shows up at your home to forcibly remove you. If you show up in court and ask for another extension based on your disability, you may be able to add another 1-3 weeks onto that time (but don't rely on that, remember this is "extraordinary relief").
"Eviction" is a word that is often misused and it leads to a lot of confusion, to help, here are the steps in terminating a tenancy:
Terminating a tenancy-
1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property).
2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge.
3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction."
4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").