QUESTION
Is it legal to give my tenants a 2-day notice?
Asked on Dec 18th, 2012 on Landlord and Tenant Law - Massachusetts
More details to this question:
I leased an apartment with my name only all the bills etc are in my name however I had to move for several reasons so I subleased it to two people with contracts. Now they are not paying the rent or the bills and the contract says that I can tell them to leave whenever especially if I get any calls from the leasing office then I gave them ample time to pay and still no payment so I gave them a two day notice is this illegal?
10 ANSWERS
No, a two-day notice is illegal. Michigan law requires a 7-notice to quit for non-payment of rent either by you or your landlord may do so if you are not paying him, evicting them and ending whatever rights you may have had to occupy or sub-lease the property and also obtain a judgment against you for unpaid rent stretching into the future term of your lease.
Answered on Jun 21st, 2013 at 1:02 AM
No, there are no legal two day notices under California law. You should consult a landlord/tenant attorney so that you can proceed without delays. If you do not follow the proper procedure then the court will dismiss your action.
Answered on Jan 03rd, 2013 at 12:16 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Depends on the lease and the terms of the tenancy
Answered on Dec 20th, 2012 at 4:44 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In order to be safe, you should give them thirty-days written notice and then file an action to evict them. If you prevail in the action, you will then give them a three-day notice to quit.
Answered on Dec 20th, 2012 at 4:44 AM
It's a three day notice, not a two day. I would hire an attorney or ask your landlord for help and if they would be willing to give you copies of any eviction forms they have. If you are responsible for eviction, and you should check your agreement on subleasing with your landlord to be sure, you are walking into an apparently simple but deceptively complicated area of law. If you lose, the court will enter a judgment against you for the subtenants' costs and the time they or their attorney spent on defending your action. And then you still have to live with those people.
Answered on Dec 19th, 2012 at 4:42 PM
It's not "illegal" in the sense of a crime to give a 2-day notice. However, it is not legally valid. No court will enforce a 2-day notice to leave without some very dire circumstances (e.g., the tenants are operating a meth lab).
Answered on Dec 19th, 2012 at 1:47 PM
yes. You need to give them a 3 day notice
Answered on Dec 19th, 2012 at 1:46 PM
Steven D. Dunnings
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Answered on Dec 19th, 2012 at 1:45 PM
Kevin Elliott Parks
There is no such thing as a valid two day notice in Oregon. There occasionally can be a valid 24 hour notice in residential tenancies, but given the facts of your situation such a short notice is unlikely to be legally appropriate.
Answered on Dec 19th, 2012 at 1:05 PM
Land Use & Zoning Attorney serving Boston, MA
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Yes. Statutory requirement is a 14 day notice to quit. You cannot vary this in a residential tenancy.
Answered on Dec 19th, 2012 at 1:05 PM