If you are on a month to month lease and the landlord is changing the terms of the lease and u can not afford to resign the lease w/ the new terms can your apt. mg. give you 5 days to move out? I owe late fees and he says that we can go to court over the late fees and the court can provide me w/ the evection notice or I can move out by Fri. is this leget? I can't afford to pay the late fees either.
2006-11-13 07:53:13 · 7 answers · asked by SunShine 2 in Business & Finance ➔ Renting & Real Estate
Normally, a 30 day notice is required.
However becuase you have unpaid late fees, its just like being behind in rent. He CAN evict you for that reason. :-(
2006-11-13 08:25:28 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Nope. Depending on your contract and the state you live in he has to give you a max of 30 days. Demand to see with your own eyes the claims he is fileing and prepare a statement it seems that he has undersold u which is to illegal. He HAS to give u 30 days notice BEFORE you move. If he does evect you you must move in 24 hours but he has to have probable cause the fees alone will not give him probable cause if the fees are henous meaning that they are not bearing. 55% of all fees ever takeing to court are frivolous or hanous I.E. me chargeing u a fee for your dog that used to weigh 10 lbs but now weights 23 andits over my 20 lbs limit (I have had this occure) You as the renter have your rights and each state has supplimental renters laws also you have a renters contract. If you do not have one. You may be in a lot of trouble.
2006-11-13 08:00:26 · answer #2 · answered by cassie 2 · 1⤊ 0⤋
He can't evict you without a court order, and getting one involves taking you to court and actually winning.
Some places allow eviction for unpaid late fees ... other places don't. You need to find out the law in your area, and also if your lease deems the late fees as "additional rent".
If you can't afford your apartment and are late with the rent, you need to find a cheaper place to live.
2006-11-13 16:53:25 · answer #3 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
No, by law he has to give you 30 days notice. If the new lease is totally unreasonable then take it to court. In your old lease did he state he would charge you late fees? If it is not stated he can NOT do it. Good luck!
2006-11-13 07:59:23 · answer #4 · answered by The_answer_person 5 · 1⤊ 0⤋
Here in Florida it is 30 days to put the lock on the door.
2006-11-13 08:18:19 · answer #5 · answered by Terri L 2 · 0⤊ 0⤋
No 30 day written notice in most cases.
2006-11-13 07:59:52 · answer #6 · answered by Anonymous · 1⤊ 0⤋
He could try it, but unless it's taken through the court system, he can't make you move out in five days.
2006-11-13 08:00:47 · answer #7 · answered by dreamer 3 · 0⤊ 0⤋