A friend of mine has been has been given only 5 day verbal notive to vacate her apt. and she has a lease...is?

Question

this legal???

Answer 1

According to Judge Judy, I think you have to have a 30 day notice. Anything else could be illegal. I believe that applies to all the lower 48 states.

Answer 2

This probably did not go bad all of a sudden. Your friend might be only telling you that the landlord says be out in five days but may have made a legal notification to terminate the lease a long time ago. A lot of jurisdictions have laws that protect residents from this kind of eviction, but what I have seen mostly is that people think they can run up a few months free rent while trying to stall the actual eviction. The problem with not being right is that MOST states have laws that allow the landlord to have the tenant removed by the police and to have the household goods removed by a moving company. The evicted person then has to pay the movers for the move and for storage of the goods. I have lived in rental property a lot and have often heard people tell horror stories about their no good rotten landlord but on closer look the person was behind in the rent and the landlord was within the law in what they did. If its a rotten mean landlord then there is law that protects the tenant from this, if not, they need to get out. Landlords, especially if its a propertuy management company know the law and are not likely to expose themselves to lawsuits, etc. There are some greedy creeps though and maybe, just maybe your friends has one of those.

Answer 3

Where does your friend live? What state/country; legality will depend on where she lives....but most likely it is NOT legal; most states and countries require notice in writing by both tenant or landlord. If its for non payment of rent then the landlord maybe entitled to evict her, but even then there is a process in place. Check your local gov website and review the lease - terms of notice should be within the lease. This is a legal contract!

Answer 4

I'm not sure. Have her read the lease. Did she violate it in some way? It really souldn't be legal, but have her read the lease to be sure. Normally the lease is good til it expires and then they usually have to give 30 days written notice. But make sure the lease does not say something different.

Answer 5

What does her lease say? If she has a lease, they can't evict her until the lease is up unless she's not paying her rent.

If she's not paying her rent, you'll have to look at your local renters laws to see what her rights are. Some jurisdictions will allow a 3 day notice for non-payment of rent. Most are 30 days. However, it varies from state to state and even city to city. Look up renters rights for your city and state.

Answer 6

What does the lease say? If it says the LL only has to give a 5 day notice, then it's legal unless it violates local law.

If not, call an atty if you need the time.

Answer 7

She should not be evicted unless she has violated the lease in some way. I.E. extra pets or non payment of rent. The landlord (unless otherwise stated in her lease) has to give her at the very least 30 days and it absolutely HAS to be in writing. That has to happen whether she violated the lease or not.

Answer 8

The only way to know if this is legal, is to read the contract your friend signed. Most apartment leases are very clear and direct about their rules and general practices. They usually cover themselves very well. Your friend needs to ask for the notice in writing though. They cannot deny her this.

Answer 9

Some places are like that. In some government housing if you break the rules you get 5 day notice period, but it hould be in writing.

Answer 10

i dont think so. did she do anything to violate the terms of her lease? like have pets when she wasnt supposed to, or repetedly not pay rent on time? that sort of thing... there has to be more to the story, cuz that sounds REALLY shady