QUESTION
What can I do if I received an eviction notice without giving me 30 days?
Asked on Jan 09th, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
I got a nasty voice mail from my landlord, after that I gave birth to my 2nd child today 1-9-13 I received a eviction notice don’t I have 30 days.
7 ANSWERS
How long have you lived there. You may be entitled to 60 days. BUT if you're delinquent in rent (or have otherwise breached the lease), you're' entitled to only 3 days.
Answered on Jan 16th, 2013 at 7:26 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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That depends upon the law of the state in which you live. In Georgia a landlord must give at least 60 days before changing any material term of a tenancy at will. If there is a written lease, then he must abide by that lease. If you were to file a dispossessed or a warrant against you would have seven days in which to file an answer in court. The court would then resolve whatever issues exist between the US and your landlord.
Answered on Jan 15th, 2013 at 6:35 PM
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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Get a lawyer and fight it this is not legal and probably discriminatory.
Answered on Jan 14th, 2013 at 6:36 PM
Notices must be at least for 30 days unless they are for a breach of payment or other condition of the agreement. You can fight any subsequent eviction on that basis but be sure to document all of the facts.
Answered on Jan 14th, 2013 at 6:22 PM
Are you in California. If so, you need to file a Demurrer to the Complaint in that the complaint is invalid because there was no prior notice [3-day or 30-day or 60 day].
Answered on Jan 13th, 2013 at 10:34 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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If you have a written lease, read the terms of the lease as to the right of the landlord to evict you and the eviction notice that has to be given. If there is no written lease and you are on a month-to-month lease with the start of the lease the first day of the month, then the landlord had to give you 30 days notice and the lease would be up February 28.
Answered on Jan 13th, 2013 at 10:23 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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It depends on what your lease states. Not all leases require 30 days notice. You need to know what the eviction notice was for, what time the lease requires, and what defenses you may have to the court action to evict you.
Answered on Jan 13th, 2013 at 10:17 PM