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Had lease, now month to month - what rights do I have about eviction?
I had a year lease 4 years ago, then it went to month to month, now the landlord placed a note in the mailbox that he wants me to leave. Is that legal or does he have to go to court for a eviction notice
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He has to give you a written notice to quit normally 30 days in advance of when he wants you out. What exactly this notice has to say depends on the law in your jurisdiction. It is doubtful that leaving it in the mailbox is sufficient (and may be technically a violation of postal law). How is he going to prove that you got it? If you are not out at the expiration of the 30 days, then he can go to court to evict you. And of course, as with any court action, you would be served with process (official notice of the court action including a "summons"). Service of process is normally by a peace officer or court-appointed process server. |
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He can giveyou a 30 day notice just as you can give him one. If you are willing to sign a lease then tell him. You can see if he will let you stay. There is no benefit for your LL on a month to month, because your LL has no abilioty to read your mind. Go talk to them.
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 Originally Posted by khaning
Hard to say without knowing the State but I disagree - I find that a note placed in a mailbox is insufficient notice. Many States require that the notice be mailed. The OP has been month to month for 4 years. I am assuming there was some benefit to that or else OP would have been evicted some time ago. I don't understand why there is no benefit to a month to month rental on the part of the landlord. I owned property. There were some month to month tenants because I wanted the flexibility of raising the rent and not being tied into a lease. |
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Your rights don't change because you are a month to month tenant. The terms of the original lease remain in effect except for term and rental. So the landlord has to give you the amount of notice as required by the lease and local law. The delivery of such notice has to conform to the lease and local law. An eviction is a legal process. But the first step in the process is to serve a termination notice. If you ignore that notice, then the LL goes to court. |
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