I have no lease and rent from month to month. I received an eviction notice today, December 10, written by the landlord. She has given me until Dec. 31st to vacate. I have been given no explanation as to why I am being evicted. I would like to know if, by law, I should at least have 30 days. Also, I would like to know an eviction notice is legal when it is written by the landlord, or does it have to be notorized? I am a single mother of three, and I don't know how fast I can come up with all the money required to move. What do I do if I cannot find a place to live in the three weeks that she has given me. I am a hurricane Katrina victim who has relocated. I have no family or friends here that can help me. What am I supposed to do?
2006-12-10 17:49:34 · 6 answers · asked by my3babez 1 in Business & Finance ➔ Renting & Real Estate
It depends on the state you live in. If you are up to date on the rent, have obeyed all the rental agreement rules, you may be given a 30 day notice normally. You DID sign a rental agreement, didn't you? In CA a landlord must return your deposit w/in 2 weeks of your leaving. He can't keep any money that he cannot prove with receipts that he had to repair your unit with. And that's just a "30-day notice", NOT an eviction. With an eviction, you may simply stop paying rent and it could take him up to 90 days to pry you out of there legally. During this time, save your money for a new place. Don't use him as a reference. Whatever state you are in, they all have tenant's rights websites. Look up your rights. December 10th? That is a hostile renting environment. I suggest that you write a polite, to the point letter to the landlord. Mention that you have been in contact with a renter's rights group and let him know that he is on legal thin ice. I am a landlord myself. We only have the one granny flat to rent out back. Its rent pays my mortgage so its vital that we have good tenants. Once we searched for 7 months to find the right couple. I am not allowed to enter their home without 24 hours notice. I can't give them notice without list good cause. Then it must be 30 days minimum. Of course, my rental agreement is as complicated as Oprah's pre-nuptial agreement. The house rules are three pages long.
2006-12-10 18:16:49 · answer #1 · answered by Don S 2 · 0⤊ 0⤋
Eviction laws vary from state to state. Because of this, I am not sure about how long they must give you. I enclosed a link that tells about evictions here in Wisconsin. It sounds like you have received a notice that your lease will not be renewed based on your being a month to month contract. You should probably contact your local housing authority to find out more about your rights and if they can help you. If you are a student, you may want to check and see if there are any university affiliated organizations that may be able to help you too. If those don’t turn up anything for you, feel free to contact me directly and I will try and help you find some other local resources.
2006-12-10 18:22:52 · answer #2 · answered by Joe Manning 2 · 0⤊ 0⤋
if you have paid your rent on time and proof..and have a receipt..30 days..starting from the new month..so jan.31/feb.1 2007 by noon. if you were late..you still have the 30 days..after the late payment if you do not have a court date with the notice.
and not handwritten..has to be a form..with the rules and where you can go to appeal..or the court hearing.
they can not change locks..enter your unit.. or harass you..you can phone the police and they will end up in jail
the landlord needs the proper documents..and in order or they end up in jail..
some areas have further notice of eviction during winter months because of the cold..
2006-12-10 18:46:43 · answer #3 · answered by m2 5 · 0⤊ 0⤋
Only a Court can "Evict" you....She can start the process, but that's it.....It sounds like she meant to notify you that she is not renewing your month to month tenancy....
You legally have until January 10th to move out, and I would respond in writing that you will happily vacate the premises by that date and no sooner because California law states...."cite here."
Start looking and be ready for a very uncomfortable 30 days....California has some of the most tenant friendly laws...you have rights, but be prepared to exercise them.....google your state and landlord/tenant laws and you will see..
Demand an exit walk thru and immediately mail a letter summarizing the results of that walk thru certified mail and state that you expect your deposit (if any) to be received w/in X amount of days as dictated by California law.
If you gave no deposit.....make sure that she can't ding you for damages to the apt....have a camera/witness at the walk thru.
good luck
2006-12-11 02:39:18 · answer #4 · answered by Paula M 5 · 0⤊ 0⤋
See Legal Aid.
Tenant-landlord law varies by state. Depending on why you are being evicted, what is being done may be perfectly fine, or it may be done incorrectly.
2006-12-11 00:35:41 · answer #5 · answered by kingstubborn 6 · 0⤊ 0⤋
Must be 30 days and can not be hand written. Must be properly served. It also does not have to state why.
2006-12-10 18:04:29 · answer #6 · answered by trollwzrd 3 · 0⤊ 0⤋