I just got notice to be out of my apartment by the first.Is this legal that is only two weeks away
2007-01-18 15:34:28 · 13 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
It is a month to month lease. You can stay as long as you pay your rent. It won't work for very long, so start looking for a new home. Poor thing, I wish you much luck! Niki-Niki
2007-01-18 15:39:38 · answer #1 · answered by niki-niki-tembo 4 · 0⤊ 1⤋
Unfortunatly, only ONE thing that Nyxcat199 said is true. The LL, on a month to month lease, must give you a 30 day notice. 14 days in some states. Check with city hall.
As far as the rest, its nonsense. Only on a 1 yr lease does the LL have to give a reason for breaking it, unless he is not renewing it. Then he can give you a 30 day notice on the day the one yr lease expires, for you to move by the end of the following month.
On a month to month basis, the LL does NOT have to give you a reason. He is simply not renewing the month to month option. And YES, he can evict you in the winter time. The seasons have nothiing to do with evicting. I have had to evict someone just before Christmas. I did feel bad for them, but the problems I had with them and not paying rent far outweighed any feelings I had of putting them out on a holiday.
It is a business. You dont pay rent, you cause problems, you dont stay (regardless of the season). If I need to renovate or make costly repairs and that requires you to vacate the apartment, you are gone. Plain and simple. If you have a history of paying rent late, I will put up with it for a while. But only a little while. Everyone has had a time when a rent payment was late due to an emergency such as car repairs or missing work due to a health problem. But every month?? I dont think so.
I am sorry for the tone of this answer, but it irks the heck out of me when someone answers a question with absolutely NO clue as to what they are talking about.
2007-01-19 03:35:20 · answer #2 · answered by kimmamarie 5 · 0⤊ 0⤋
Depending on what state you live in, this is almost certainly NOT LEGAL.
In most states it is required (as many people have said) that you be given a 30-day notice.
What no one has said yet is that if you have lived there a year, they mey have to give you EVEN LONGER of a notice. In California, if you have lived in your residence for more than 12 months, your landlord MUST give you 60-day notice to break a month to month agreement. Hardly anyone knows this, even landlords.
My advice to you is the following: You DO NOT want to be evicted (even wrongfully) as this stays on your record for a long time. Try to negotiate with your landlord, tell them you need more time, more than two weeks.....be friendly....unless push comes to shove and you have no place to go.
If you want to buy more time, and do not care about your credit record, simply DO NOT LEAVE. Let them file and eviction on you and then MAKE SURE to respond. Go to court and file all the necessary response papers, and pay NOT ONE MORE PENNY of rent. Save your rent money to get a new place....Going to court and forcing them to evict you will buy you probably at least another month, as long as you respond to all of the court paperwork, and show up to court.
In the end you will still have to leave, and you will have an eviction on your record......but if you need the extra time, then you have no choice. Good luck sir.
2007-01-18 19:21:27 · answer #3 · answered by mantis_kung_fu 2 · 0⤊ 1⤋
Yes, on a month to month lease the landlord is allowed to ask you to leave with very little notice. They should normally give 30 days notice. Check your paperwork. It should spell out what you are required to do to terminate the lease, and what the landlord should do to terminate the lease. And all of this is based on the presumption that you have fulfilled your responsibilities: pay on time, not altered the property, not caused disturbances....
2007-01-18 15:51:53 · answer #4 · answered by eilishaa 6 · 1⤊ 0⤋
ABSOLUTLY NOT. I have lived in several states and every one of them has required a 30 minimum notice for you to leave. also they have to justify the reason for you leaving, if you pay the rent and have done nothing wrong then you can fight it. in order to actualy be "evicted" the landlord would need a court order. This is increasingly harder to get in the winter time without a good reason since putting someone out in the cold is a bad thing. If all else fails take his butt to court and make him justify his action.
2007-01-18 16:00:38 · answer #5 · answered by nyxcat1999 3 · 0⤊ 1⤋
California requires 30 day notice. Check the internet government sites for rental laws in your area (possibly city or county).
2007-01-18 15:44:11 · answer #6 · answered by nickscalero 2 · 1⤊ 0⤋
Depends on the situation, but it is possible for the landlord to issue a 14 day notice to vacate the premise.
2007-01-19 04:14:26 · answer #7 · answered by AJ 7 · 0⤊ 0⤋
Check your lease. If it says "two weeks notice" then there's nothing you can do. If it says "months notice" then sit pretty for a month.
I'm on a month by month and they need to give me the month's notice. Equally, I need to give them a month's notice.
2007-01-19 00:30:38 · answer #8 · answered by Mango M 2 · 1⤊ 0⤋
Generally yes, but check your state and local laws. There are sometimes renter protections. If there are such protections, there is likely a local agency set up to help renters, and it is usually a good source for help. Try searching for such terms as "renter's aid or rights" in your city.
2007-01-18 15:44:29 · answer #9 · answered by Anonymous · 0⤊ 0⤋
In California, where I did business, a month's notice would be required.
2007-01-18 15:55:30 · answer #10 · answered by Anonymous · 0⤊ 0⤋