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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 55594
Experience:  Lawyer; developer/owner of RE developments.
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I have been splitting rent few years with who rented this

Customer Question

I have been splitting rent for a few years with who rented this place years ago from a couple. She is moving out end of March which I planned on moving cause she unstable from her X , and now keeps yelling at me to get out now cause her x has been my friend for 15 or more years . Anyway I do plan on moving need some time though she also throws food out of the fridge ! What are my options ?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 1 year ago.

Hi Jeff. My name is ***** ***** I look forward to helping you.

Can you provide me just a bit more information? In what state are you located? Thanks!

Customer: replied 1 year ago.
Expert:  insearchoftheanswer replied 1 year ago.

Good morning Jeff. Thanks for following up. Not being on the lease makes you an "at will" tenant which is treated as a month to month tenancy. Since you are a month to month tenant, she is going to be required to give you at least 30 days written notice to terminate your tenancy. Then, if you don't leave, the law does not allow her to forcibly evict you without obtaining an eviction order from a court. What that means is that if termination date comes and you don't move out, she cannot simply change the locks or throw your things out. Rather, what she has to do is to first deliver a 10-Day Notice to quit...which basically says you have 10 days to leave or face eviction. But, if you still haven't left, she must then file a petition for an ejectment with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can she have you evicted. That will buy you a good bit of time.

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