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JayLynJay | My Landlord gave me notice I have to leave at the end of this month. Can she do that? |
On Nov. 8, my landlord told me I have to leave at the end of this month because "Relatives" are coming to move into the apartment. She also said she's going to use my security deposit for this month's rent. Can she just kick me out like that. I also have to kids. |
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miamac49616
 |
The law states that she must first serve you with a notice to quit and then go to court for legal eviction. She can not tell you that you must move because of relatives coming. If you have a signed lease then you have the law on your side. She has to have a good reason to evict you. If you are late on your rent or destroyed the property then she can keep your security deposit but just because she wants to let others live there she can not do that. Contact your local housing authority for a copy of tenents rights. She can not remove your things or have utilities shut off to force you to move either. Good Luck. |
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CMR2006
 |
NO, she can not legally do this. By landlord/tenant law:
If you are on a lease and the lease has not expired, she can only break the lease for reasons outlined in it.
If you are on a month to month tenancy, then she must give you a minimum of 30 days notice in writing. Meaning that if she notified you on Nov 8, she can not have you out before Dec 8.
Furthermore, unless stated otherwise in your rental agreement/lease, the security deposit can not be used as last month's rent.
If I were you, I would immediately contact a legal aide office or an attorney to see what your options are in your state. |
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goz1111
|
No she can not do this, assuming you are on a month to month for if fix term then she can not ask you to leave until the end of the lease
But under a month to month tenancy she the landlord must give a month notice, so in this case she would have had to give you notice by end of September to get you out by end of Nov. at this point the you do not have to leave until 12/31/06
Though try and tender a rent check to her for nov, even though she will not take it, the fact you tried will place you in a good light in case she moves to evict you before 12/31/06
Though if in NJ, she can not kick you out at all if her place is under NJ anti-eviction act |
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msvirgorocks
|
no. she has to give you 30 days notice. that is the law. |
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Paula M
 |
December 8th is your legal move out date if you have no lease or are a month to month tenant.
She can't "just use your deposit" because tenant laws require that (each state is a little different) that she refund your deposit less any damage w/in a finite period of days......and it has to include an inventory of any deductions.
Make sure you do an EXIT walk thru and get it in writing what she says the condition is in......don't leave w/out it. Don't let her mail it to you later.....In fact, bring pen and paper w/ you..
If you disagree w/ her.....bring a camera/video to document it at the same time, then you have supporting documentation when she tries to keep your deposit. |
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BoomChikkaBoom
 |
No, she can't just kick you out like that. She has to follow the law regarding notice period and causes for eviction in your state.
Find out what the law is in your area and proceed from there. There are many places where you are protected from "just because I wanna" type evictions.
P.S. 30 day notice usually refers to a calendar month or full rental period. Assuming she can evict with notice (I don't know that she can), a Nov. 8 notice would mean that your notice period is the month of December and it would be January 1st before she could file in court to have you evicted as a holdover tenant. |
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Gerber1626
 |
Look at your lease agreement. If you signed a year lease then no she can't do that. If your month to month then she can give you a 30days notice. Check your lease and then call the Better Business Bureau |
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bic
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yes she can. if it's month to month she can give you 30 day notice. |
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k h
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If you have a signed lease - No she can't do this. Check with you local Better Business Bureau. |
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suebehere
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If she is going to evict you, she first has to give you 3 day notice. Then she has to give you 30 day notice, then if you still don't move, she can take you to court. If you give her rent and she accepts it, well then she just accepted the fact your staying. |
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me
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read your lease. A lot of times the landlord has the right to terminate anybody's lease, all they have to do is give a 30 day notice. Your lease may be different though, so i strongly recommend reading your lease front to back. Where I work, it is in the lease that we can terminate anybody's lease for any reason, all that is required is 30 day notice. If you don't have a copy of your lease, ask your landlord for one. The landlord has to furnish a copy of the lease to the tenant |
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ADubya
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It depends. In some places having relatives move in can override your lease. Check with your local housing office. They usually have advisers that can look at your specific situation and give you advice or bad news. |
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summer leaf
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If you do not have a lease, yes she can do that. If you have a lease and it says no other parties can move in, then as long as she gives you notice, it is legal. If you broke the terms of your lease by letting others move in, then yes she is allowed to keep your security deposit. The fact that you have kids is not relevant. Better start looking for a new place right away. If she winds up going to court to go through an eviction process, and wins, then you could be liable to pay the court costs, costs of eviction, and her attorney's fees. You don't want to go down that road. |
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