after almost two years, our land lord has decided that he wants to remodel the house we live in and offered to move us in to a one bedroom trailer almost fifteen miles from both mine and my boyfriends work. right now we live in an upstairs apartment which has plenty of space for us all, as we have four cats. so, about a month ago he informed us that we were going to have to move but he NEVER gave us a formal date as to when we had to be gone. on december 3rd he told us that he would like us to be out by the 10th. i told him that wasnt near enough time and that we have been looking since we first spoke about the situation, but nothing was available as of yet. He then informed me that he was going to hire a lawyer to" get us out". we don't have a lease agreement, so what rights do we have? can he really kick us out like this ? i have looked on the internet but can't find any info on this particular problem-so any help would be much appreciated.
2007-12-11 04:23:59 · 5 answers · asked by denetta d 2 in Business & Finance ➔ Renting & Real Estate
we told him two weeks ago that we couldnt move to the trailer because its 15 miles out of the way to both mine and my fiances work. also its way too small. so in the long run- NO he not really helping us out at all. he seems only intrested in moving us out because he waited until the last minuet to remodel this house because his new wife is due to have a baby in march!!!!
2007-12-11 05:08:12 · update #1
Do not be misled by some of the responses posted here. Parts are correct and others are not. First, his verbal notice to you isn't sufficient. As soon as he gets an attorney, he will learn that he has to provide written notice according to statute. In most states, he is required to provide thirty days notice from any rent due date. Since he has already missed the first of December, his notice will take effect on January 1, as long as he delivers it sometime in December. After receiving the notice you have the full month of January during which to leave the premises.
Here's where it gets sticky. As soon as he files eviction (at the end of January probably), you MAY be forcefully evicted in as short a time as a couple of weeks. Some areas process evictions at a MUCH quicker pace than others do.
From what you post, you SHOULD be OK until the end of January. Beyond that point, you'd best have a place to live ready and waiting, just in case.
2007-12-11 05:49:35 · answer #1 · answered by acermill 7 · 1⤊ 0⤋
each state is a little bite different, so you may want to look up your state attorney general web site for advice
but in general even though you have no lease each state will have statute/case law on landlord tenant rights
in general the landlord will have to give you month/30 day notice of his intent to terminate the month to month, until he does that he can do nothing else
once you get the month to notice then you will have month time to find a new place, after the month is over and you have not moved out, the landlord then can move for eviction , but that will require the courts
2007-12-11 04:31:05 · answer #2 · answered by goz1111 7 · 1⤊ 0⤋
acermill hit the nail on the head.
You are a month to month tenant by default. Your tenancy is governed by your state's landlord/tenant laws.
Your landlord will have to give proper written notice to terminate your tenancy - no cause or reason is needed in most states.
If you do not leave per the written notice, you can be evicted.
I've never had an eviction drag on for 2-3 months, ever.
Your landlord has no obligation to help you out or offer another place.
2007-12-11 06:06:38 · answer #3 · answered by ? 6 · 1⤊ 0⤋
First of all he has to give you time check this out nothing is legal unless he files eviction papers if you dont leave he has to give you time, and it can take 3 to 6 months to make someone move, especially if your on limited income etc.
Since I have experience and knowledge I wanna share what I know legally. First of all just telling someone they have to be out of the house means cock a doodle doo (in other words garbage).
He needs to give you notice via certified letter, and then you will need to be evicted properly through the courts, and he must pay those court fees to have you evicted. The issue with most landlords is that they try to intimidate (scare the heck out of the tenant into leaving) it just doesnt work that way, he cant throw you out, and if he tries its called an illegal lock out.
Believe me by the time he tries to evict you it can take 3 months, you in the mean time find somewhere else to move, but before you do that make sure he gives you your security deposit back (if their is no damages).
Let him evict you legally and do not be afraid by this landlord the law is on your side.
the law
by the way if he does an illegal lock out on your call the police. make sure you have some proof of mail with you to carry on you at all times to let the police know you live there. (so they wont charge you with trespassing. the law is definitely on your side.
2007-12-11 04:32:06 · answer #4 · answered by . 3 · 0⤊ 2⤋
You have no formal agreement with him,so your rights are limited.He seems to have given you enough time to look for something else and has even offerred you alternative accomadation so I do not think he is being unreasonable.It is his property to do with as he wishes,so I am afraid you will have to move out to the trailer or find other accomadation yourselves.
2007-12-11 04:35:53 · answer #5 · answered by Anonymous · 0⤊ 2⤋