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We were given this morning to move out of our apartment by…

We were given this...

We were given this morning to move out of our apartment by the 31st. Is that legally enough time?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No. Just got the notice.

Lawyer's Assistant: Where is the apartment located?

Pueblo. On Stanford ave.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. We don't mind moving but that is a short time.

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Answered in 5 minutes by:
3/19/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,380
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
Ok

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Customer reply replied 1 month ago
Never mind. I keep sending you my info and you say it's wrong so forget it.

Thanks for your patience. Could you tell me the reason they are trying to evict?

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Customer reply replied 1 month ago
He didn't give a reason. Just a notice to vacate.

Interesting. This appears that this eviction may be unlawful. Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation either under the Fair Housing Act. Unless there is a legal and legitimate reason for the eviction, you are not required to leave until you receive proper notice.

The main thing to remember is that there exist various reason why a landlord’s eviction notice may not be effective. Because landlords are people, they are sometimes not thinking their way through the situation and that gives you an opportunity to help them understand their legal position. What I recommend is sending them a letter detailing the reasons why the eviction notice is unlawful. There’s a site that I’ve used in the past where you can find a good template for a letter that puts the landlord on notice that their eviction notice is unlawful (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
He gave us a written notice effective the 31st. It dosen't specify any cause and it seems like very short notice.

I see. If that is the case, then you don't have to go anywhere.

There is one upside to this situation though. the law generally prohibits landlords from physically removing tenants from the property or forcing tenants off the property by shutting off their lights, water, gas, or changing the locks. These are called “self-help” evictions and if a landlord engages in them, the landlord could be liable to the tenant for money damages.

If there is a tenant who has been evicted with proper written notice (e.g. 3-day or 30-day notice), but they do not leave the property, then they are considered a holdover tenant. The landlord of a holdover tenant must go through certain procedures before a tenant can be physically removed from the property. What this means is that the landlord must go to the courts in the county where the property is to get the court’s permission to have the person removed from the property.

The process for this can take months and you even have a chance to raise defenses to their eviction as well.

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Customer reply replied 1 month ago
Thank you. Still not clear if thi time frame is legal.

Understood. No, the timeframe is not legal. You need at least 30 days written notice in advance.

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Did you have any other questions for me today?

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Customer reply replied 1 month ago
No. Thank you. You have been very helpful.

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. You can save me as a favorite if you would like.

  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

  5. Don’t forget to tell your friends about justanswer.com!

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You're too kind. Thank you! I think that you have to click on the actual stars on your phone or screen though for it to trigger.

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Customer reply replied 1 month ago
Sorry. Not seeing any stars to click on.

Super weird. They may take a moment to appear for ya, but they should show up soon:-) Thanks again!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,380
Experience: Licensed to practice before state and federal court
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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