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Jesse T | Can landlords do this? |
Our rent is not late yet but they told me that they can have me evicted from the house in only 1 day. Don't they have to serve the eviction notice and go to court? We are on a month to month lease and didn't have to sign any contracts for the month to month. We had signed a year lease and that lease is aready up. We have been in this house for 15 months now. |
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Olivia
 |
No, they have to send you a notice, in some states it's either 5, 7, or a 10 day notice. Then they will have to turn it over to the attorney to begin the eviction proceedings and file for eviction with the courts. Then even after that you will have to go to court, and they will give you a date to be out. They can not just put your stuff on the side of the road or anything like that. Even if you are on a month to month lease, they still have to give you at least 30 days notice. Good luck! |
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Tim F
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You cannot be evicted in one day. Period.
When I was a law student here in California, I worked in a legal clinic that helped low-income people, including many tenants. We could delay an eviction for at least six months, even when the tenant could not afford to continue to pay the rent.
To give you more information about your rights, we need to know which state you live in. Here is some information that applies is almost every state.
In general, only a _court_ can order your eviction -- not the landlord and not the police. In every state there is a procedure that allows a tenant enough time (at least a few days) to get a lawyer and go to the court to explain the tenant's side of the case.
You should immediately find and talk to a good attorney, explain your current situation, learn your rights and have your attorney prepared "just in case". If you are low-income person, then call your local "bar association" to ask for names and phone numbers of your local legal clinics. If you are not low-income, then find a good attorney in your area.
You should be prepared because there are dishonest landlords who take advantage of tenants who do not know their rights. One common ploy is for a landlord to file the eviction case in court (it's called an "unlawful detainer" lawsuit here in CA), but the landlord will not tell the tenant or give the lawsuit papers to the tenant (i.e. not "serve" the lawsuit). Then the landlord will show up in court for the trial and will tell the judge that the tenant was served, and so the judge orders the eviction. In cases like this, the first time the tenant learns about the court case is when the sheriff shows up at the front door to forcibly evict the tenant. To prevent similar problems, because you may have a dishonest landlord, you should get an attorney now . . . "just in case". |
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M v
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They don't have to take your to court, with a month to month lease they can evict you in 30 days. |
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Expert Realtor
 |
If you are paying month to month, then by law, they have to give you a 30-day notice. The landlord is blowing smoke up your butt.
If by some off chance, they try to pull something and lock the doors....call the police, who will inform them that they have to give you access to your apartment and go through the legal channels for an eviction, or the police will give them permission to break in. |
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muncie birder
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A lot might depend on what state you live in. In Michigan if you are on month to month lease, each party must give the other one month notice. That is the law there. |
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blapath
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It doesn't sound kosher. Go to a lawyer |
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Hilton
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This would all depend on the law of the country that you live in. Maybe if you said the country, some lawyers might be able to answer that.
Seems like you need a lawyer. |
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Punkass
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I hope you have a copy of your lease. Take a look at it and look at the section that talks about eviction. Landlords put some crazy sh@t in there. That is why I always read the whole lease before signing it. |
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wish I were
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Normally when a lease is up and you go month to month and a problem comes up you refer back to the lease! I don't believe they can do that, ususlly it requires a 30 day notice! Call your city hall and ask who to talk to about this! |
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stevesherri
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yes, there is an eviction process - but the court can issue a rite and have you removed... i doubt that can be issued in 1 day.
laws vary state to state.
sounds like an abusive landlord to me.... RUN! |
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Midwest guy
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After a lease has expired, it turns into a month to month agreement. Land lord must give you 30 day notice to move unless you have not paid or have broke the agreement in some other form or fashion, such as move in someone else with you, or too noisy. The following is exampl of eviction in Illinois, and many states are the same, check with your county clerk:
1. 5 Day Quit or pay/fix notice
2. Evection filed on day 6 at county clerk office
3. Papers must be served before court date.
4. Hearing is held, usually within 30 days of original notice.
5. Court gives tenant x amount of days to leave.
6. If tenant not gone by certain date, Sheriff or police will escort them out, all belongings then become property of the landlord. |
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Flower Girl
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They can start the eviction proceeedings on day 1 of being late, but it takes time. |
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willys56cj5
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Depends on state law and local ordinances. In general, though, yes... they can only issue you a "notice to vacate" and in order to truly serve you with an eviction notice, they will have to go through the court system. In Georgia, I've had difficulty evicting "non-paying" tenants any earlier than three months from the time I start the process.
Remember that the landlord owns the property. If the lease agreement is expired, then the contract is said to have been fulfilled. You can possibly drag out the process but you cannot stop it. I'd suggest negotiating with the landlord explaining that you will not vacate without legal process unless a more reasonable time period to make arrangements is given. Usually, a 30 day notice is standard, so I'd pretty much demand that and anything less, he can go thru the time and cost of the legal system and take his chances. This avenue will cost him more and take him longer than the 30 day notice.
Good luck! |
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The Boss
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They have to, it's the law... |
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Midnight Pariah
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The laws very from state to state, but usually the landlord has to wait 5 days after a missed payment to file papers. After that the court will give you 30 days to evacuate before the landlord can reseize the property. |
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CardWarrior
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The eviction procedure takes longer than 1 day, no matter what jurisdiction you are located. In order to be evicted from a rental, the landlord must first serve you with a demand for payment. If this does not resolve the problem (ie. you don't pay after receiving the notice) then he will need to go to court to get you evicted. (Usually, for most jurisdictions, this is a 3-month process.) I have never heard of an eviction process only taking one day, unless they have been moving against you on this issue for the past month or two. |
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mhchicetawn
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Most states do have such policies where they have to go through certain stages before you can be evicted. Did you ask why they said this to you? Check with your city and see if they have a landlord/tenant court. You can also contact the office of housing in your city or state to see exactly what the laws are that protect you as a renter. Here in Philadelphia, it is known as a renter's city. Renters have all the rights & I have known people who were able to stay in the property for up to 6 months even after the landlord wanted them evicted. It costs alot of money for a landlord to evict someone...from court fees to paying the sheriff's department to execute an eviction notice. |
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Stanka
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they do have to go through the courts no matter what. good luck go and talk with a lawyer. |
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mZ . TeEn GuRl
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they can evict u but not so soon |
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ryet_grrrl
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No, they cant (assuming you're in the U.S.)
Even if you didn't pay your rent, they can't do that.
First, they must serve you with a 3 day pay rent or quit notice. After that, They can file an eviction with the court and serve you with a court date. If the judge approves the eviction, it's very possible that you can be evicted in 1 day at that point. |
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ernesto_tig
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Assuming you don't want to go to court and are willing to move peacfully and your rent is current:
The landlord needs to give you a 30 notice that they are asking you to leave. You now have a month to find another place.
If after 30 days you refuse to leave, then they will need to stop collecting rent, serve the appropriate notice and file for eviction. How long that takes depends on your local government. |
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great_and_mighty_adam_levine
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No.
That simple. If you have been paying rent (not a guest) and can prove it, they can't evict you without going to court.
-->Adam |
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showtimegk
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3 day notice, and it has to be served by someone.
Tell them that if they do this, then you will just have to take legal action for making you homeless |
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ruuk
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It is different from state to state. In most states if you are paying month to month, and not under contract they can evict you in one day yes, but you would still have squatters rights. |
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Abby
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yes a landlord can kick you out of the house whenever they please |
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