I recently received a 30-day eviction notice of my month-to-month lease. I've been here over 10 years, and a friend told me they thought for residential rentals that the minimum was 60-days for tenants who've been in the space for more than 10 years. Is this true for commercial rentals too?
commercial rental eviction / 60-day rule?
- Thread Starter dspeattie
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army judge
Super Moderator
It isn't an eviction notice you received.
It is a notice to quit or vacate the premises.
You don't have to leave after the 30 days.
ONLY A COURT CAN ORDER YOUR EVICTION.
That means you get to appear before a judge and argue your case.
That is due process.
You are entitled to that.
The landlord has to tell you he wants you out.
He can't evict you.
If you don't leave, he has to petition the court to order your removal.
That is where you get to have your say.
That process takes an additional 2-4 weeks in most states.
Then you have between 2 days to one week to honor the court order.
That is IF the court orders your eviction.
If you don't leave when the court orders, the landlord has to ask the court to issue an order to the sheriff to remove your stuff.
That takes more time.
Bottom line, you are on notice, but you don't have to leave UNTIL after the judge orders you out.
THAT ASSUMES THE JUDGE DOES ORDER YOU TO VACATE!!!
Sometimes, a judge will side with you, especially if you've been a good tenant, paid your rent on time, and been there 10 years!!!
It is a notice to quit or vacate the premises.
You don't have to leave after the 30 days.
ONLY A COURT CAN ORDER YOUR EVICTION.
That means you get to appear before a judge and argue your case.
That is due process.
You are entitled to that.
The landlord has to tell you he wants you out.
He can't evict you.
If you don't leave, he has to petition the court to order your removal.
That is where you get to have your say.
That process takes an additional 2-4 weeks in most states.
Then you have between 2 days to one week to honor the court order.
That is IF the court orders your eviction.
If you don't leave when the court orders, the landlord has to ask the court to issue an order to the sheriff to remove your stuff.
That takes more time.
Bottom line, you are on notice, but you don't have to leave UNTIL after the judge orders you out.
THAT ASSUMES THE JUDGE DOES ORDER YOU TO VACATE!!!
Sometimes, a judge will side with you, especially if you've been a good tenant, paid your rent on time, and been there 10 years!!!
army judge
Super Moderator
You assume correctly.
The legal process is the same.
Your rights are protected either way.
It is up to you to follow through.
If this is a business and important to you, I'd retain an attorney to represent me.
I'll bet your landlord has one ready to dispatch you from your digs!!!
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