I received a 30 notice to vacate by certified mail the other day, I have never been later on my rent ( actually paid 5 mos. in advance when I moved in ) I am in a month to month rental agreement. I had a slip & fall on the premises and consulted an attorney. when the landlord found out they sent me the eviction notice. However I read that they need to serve it in person, the land lord lives right next door and we see each other every day so it wasn't like they couldn't find me... since they didn't serve it properly does it void the notice ?
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E30 days eviction notice mailed, NOT served in person
- Thread Starter HeatherT
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army judge
Super Moderator
HeatherT said:
See my response to this question under your other thread. The notice us meaningless.
Gail_in_Georgia
Moderator
Heather...
You need to understand the difference between a "notice to vacate" and an actual eviction notice.
You have a month to month tenancy (sometimes known as a "tenancy at will"). This means your lease begins on the first day of each month and ends on the last, only to repeat again the following month UNLESS either of you (the landlord or the tenant) provides written notice that this type of lease will not be renewed. This notice does not need to be provided in person, although many landlords will do the "tack and mail" approach (i.e., send it by mail, leave a notice on the door). There does not need to be a specific reason provided to terminate this notice.
If this has been provided and the tenant does not vacate the unit after the stated time period, the landlord then files for an eviction through the court system. As previously stated, only a court can order an actual eviction.
If the landlord files for this, you will be given notice (and this is typically done in person by a representative of the court, usually someone from law enforcement) in person and you would have time to respond. If you respond, a court hearing will be set up and it will be the judge who will determine whether the landlords request for an eviction will be granted.
It is important to understand that if granted (and really, there is no defense you can provide if the landlord wishes to terminate a month to month tenancy UNLESS, possibly, your five month rent payment is still in effect) this will, eventually, show up on your credit report perhaps making it difficult for you to find future rental property as many landlords will not rent to someone who has an eviction on their record.
Do you have more time than 30 days to move? Yes. However you do need to understand that failing to address this vacate order could, in the end, cause you much grief in terms of finding future places to live.
Gail
You need to understand the difference between a "notice to vacate" and an actual eviction notice.
You have a month to month tenancy (sometimes known as a "tenancy at will"). This means your lease begins on the first day of each month and ends on the last, only to repeat again the following month UNLESS either of you (the landlord or the tenant) provides written notice that this type of lease will not be renewed. This notice does not need to be provided in person, although many landlords will do the "tack and mail" approach (i.e., send it by mail, leave a notice on the door). There does not need to be a specific reason provided to terminate this notice.
If this has been provided and the tenant does not vacate the unit after the stated time period, the landlord then files for an eviction through the court system. As previously stated, only a court can order an actual eviction.
If the landlord files for this, you will be given notice (and this is typically done in person by a representative of the court, usually someone from law enforcement) in person and you would have time to respond. If you respond, a court hearing will be set up and it will be the judge who will determine whether the landlords request for an eviction will be granted.
It is important to understand that if granted (and really, there is no defense you can provide if the landlord wishes to terminate a month to month tenancy UNLESS, possibly, your five month rent payment is still in effect) this will, eventually, show up on your credit report perhaps making it difficult for you to find future rental property as many landlords will not rent to someone who has an eviction on their record.
Do you have more time than 30 days to move? Yes. However you do need to understand that failing to address this vacate order could, in the end, cause you much grief in terms of finding future places to live.
Gail
I understand that it wouldn't look good if I stay longer, however i DO have certain extenuating circumstances... HORSES & DOGS...I have been hard pressed to find a place suitable, a judge would have to understand that 9 I would think ) anyway, I'm sure I can find a place before we would have to go to court, however i DO plan to submit an answer and make an appearance in court even if I have already moved. I strongly believe that they are evicting me in retaliation to the slip & fall case I have against them...
Gail_in_Georgia
Moderator
Again, your landlord is NOT evicting you. They have no legal power to do this. For example, a landlord cannot change locks, toss tenants items out...without a court order granting them the approval to do this via the judgement for eviction.
Your landlord has informed you that they are terminating your month to month tenancy. Which is their right to do, same as yours if you wished to move. Many renters like month to month tenancies as it gives them the flexibility to move without the financial penalties of breaking a longer lease. Many landlords like these type of leases because they can terminate a tenancy rather quickly without providing a reason for their doing so.
The fact that you have horses and dogs may not really mean a thing to a judge should this become an eviction case.
Gail
Your landlord has informed you that they are terminating your month to month tenancy. Which is their right to do, same as yours if you wished to move. Many renters like month to month tenancies as it gives them the flexibility to move without the financial penalties of breaking a longer lease. Many landlords like these type of leases because they can terminate a tenancy rather quickly without providing a reason for their doing so.
The fact that you have horses and dogs may not really mean a thing to a judge should this become an eviction case.
Gail
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