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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38168
Experience:  Attorney over 16 years, landlord 26 years
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My landlord gave me a 30 day hand typed eviction notice for

Customer Question

My landlord gave me a 30 day hand typed eviction notice for smoking cigarettes in the apartment they also said they are going to be showing the unit during the 30 days also I thought a judge was the only one who could tell you to be out in x number of days
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 years ago.
Hello and welcome! My name is ***** ***** I will do what I can to help..If you are in breach of the lease contract for some reason, then the landlord can terminate the lease with proper written notice. However, he would still have to go through a formal eviction if the tenant didn't move out within the notice period. The notice period is given so the tenant could move out without ending up with an eviction on their record. But if they wanted to fight the eviction, they would wait until the 30 days expires and then appear in court to defend once the landlord filed a formal eviction action..So you are correct, you wouldn't have to move at the end of the 30 days as the landlord would still have to go through a legal eviction in court to get a judgment and a writ of possession that the sheriff would execute to physically force you to leave..As for showing the apartment, unless the lease states otherwise, the default common law states that the landlord has to provide at least 24 hours notice and can only show it M-F 8am to 6pm...thanksBarrister