2006-10-27 08:31:50 · 21 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
She's 87 years old, and she's decided she doesn't want to deal with renting any more. She told us she wants us out immediately... Mean old lady...
2006-10-27 08:35:36 · update #1
"Anything she says is legal."
Oh, please .... lol.
Bottom line, if you have a lease she can't even think about terminating your tenancy before the end of the lease.
Each state has different laws regarding the notice requirements for month to month tenants, and some states break it down even further (owner occupied buildings, etc). All notices must meet statutory prerequisites, meaning that state law dictates how and when they must be served, language contained in the notice, etc.
You need to find out the law for your state, and narrow it down from there. In general, the notice period cannot be less than a rental period. Even then, you don't have to get out until she has a court order.
2006-10-27 15:46:42 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
NO! There are many types of leases but most fall into the 30 day rule! She has to give you thirty days written notice before the first of the month! After the first, you get to stay until the end of the following month. IE: notice in writing delivered to you via certified mail on January 23 you must be out by last day in February. Notice delivered to you Feb 3 you don't have to be out until end of March! If you can prove hardship before the courts, it is possible that she cannot evict you within that time frame! Contact an attorney for best advice in your area as all states have different regulations.
2006-10-27 08:43:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Not only written notice, but she must have a court ordered eviction notice. She can't just tell you to leave, and if she shuts off any utilities, she's breaking the law. She can't just change the locks, either. If you want, if you let me know what state you live in, I can help you find the landlord/tenant statutes for your state and help you understand what protections these statutes afford.
You are afforded ALOT of protection, believe it or not. If she makes life so miserable that you move, you have a case for court. If she changes the locks, you have a case, shuts off utilities, you have a case, if she enters without giving you adequate notice and you did not unreasonably deny entry, you have a case. These apply nation-wide for the most part.
The amount of time you are allotted depends on what state you live in and the terms of your agreement. A month-to-month agreement where I live only guarantees you 15 days to leave. A week to week agreement guarantees you 7 days. Only a yearly agreement guarantees you 30 days to leave.
2006-10-27 08:39:15 · answer #3 · answered by sovereign_carrie 5 · 1⤊ 0⤋
It is different in different states. IN Colorado, if you have a lease then you get 30 days written notice. If you are renting month to month and do not have a lease or if there is cause she can have you out of there in 3 days, and have a Sheriff simply post the eviction notice on the door.
2006-10-28 16:31:18 · answer #4 · answered by Dawn J 4 · 0⤊ 0⤋
She must give it to you in writing. Do you have a written lease with her? If so, then you should also receive any notice of her wanting you off the premises in writing as well. By law, she MUST give you 30 days notice unless there is asbestos or something in the property that you must evict the premises immediately.
2006-10-27 09:09:01 · answer #5 · answered by Aixa 2 · 0⤊ 0⤋
No. 30 days minimum, in writing, with a reason. That will hold up in court if it should go that far. I'd give my tenants 60 days notice at least. Then that way they'd have time to find a different place.
Try your Fair Housing Assn. They give out advice for free.
2006-10-27 08:46:04 · answer #6 · answered by chefgrille 7 · 0⤊ 0⤋
She is trying to be nice and not use legal ways to make you understand that she does not want renters, anymore. Anything she says is legal. She is the owner of the house and you need to respect what she is trying nicely to say. If she is forced to use legal ways, it is gonna make you pay court costs and etc. Also the landlords now have a list of renters, who they should not rent to. They call it the landlords black list. They stick together and make sure bad renters are known amongst the Landlords. So do yourself a favor , move out as quickly as you can. Don't force your Landlady to evict you. Good luck!
2006-10-27 08:58:49 · answer #7 · answered by Norskeyenta 6 · 0⤊ 2⤋
Probably not. If they are evicting you have grounds to be notified in writing. Look at the lease you signed originally as to what the landlord is to provide for notice of eviction.
2006-10-27 08:33:49 · answer #8 · answered by Cabana C 4 · 0⤊ 0⤋
They have to give you a 30 day written notice. Just like if you are going to move out you have to give them a 30 day written notice. Hope this helps
2006-10-27 08:44:03 · answer #9 · answered by scokeman 4 · 0⤊ 0⤋
In order to evict someone, she must give them 30 days written notice, signed and dated and witnessed for her to make a legal case against them.
But to simply evict, she's only got to give the 30 days notice. It just won't hold up in court.
2006-10-27 08:34:45 · answer #10 · answered by Rockstar 6 · 0⤊ 0⤋