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-   -   Can landlord evict me with 2 weeks notice (https://www.askmehelpdesk.com/showthread.php?t=156129)

  • Nov 26, 2007, 09:23 AM
    stxc9a01
    Can landlord evict me with 2 weeks notice
    I live in a house and rent a room from my landlord I am up to date on all rent. I have no lease and I came home from Thanksgiving break to an email that states "as your landlord this is your 2 week notice to move out" Can I just be told to move out in 2 weeks?:(
  • Nov 26, 2007, 10:09 AM
    LILL
    Without knowing what state you live in, it really depends on what your lease states. In absence of a lease... check your local landlord/tenants laws.
  • Nov 26, 2007, 11:01 AM
    JudyKayTee
    Quote:

    Originally Posted by stxc9a01
    I live in a house and rent a room from my landlord I am up to date on all rent. I have no lease and I came home from Thanksgiving break to an email that states "as your landlord this is your 2 week notice to move out" Can i just be told to move out in 2 weeks?:(


    The manner in which you pay rent usually determines the term of your tenancy - for example, if you pay rent once a month you are a month to month tenant; if you pay every other week, that is the term of your tenancy.

    I do not know what State you are in but in many States email does not constitute notice (nor does fax).

    However, it would appear the clock is ticking and I think you should get legal advice or you could find yourself locked out, fighting to get back in.
  • Nov 26, 2007, 01:09 PM
    stxc9a01
    The state is Florida if you have any other answers thanks
  • Nov 26, 2007, 01:11 PM
    JudyKayTee
    Quote:

    Originally Posted by stxc9a01
    the state is florida if you have any other answers thanks


    How do you pay rent? Monthly? That determines the term of your tenancy.
  • Nov 26, 2007, 01:34 PM
    ScottGem
    This is something that bugs me. Very often we need more info to answer a question, yet people don't answer all the questions we asked. Your state is one issue, but your rental period is another and more important one. Generally, the landlord is required to give you notice equal to one full rental period. So if you pay weekly, then 2 weeks is enough. However, if you pay monthly its not.

    Bottomline, the landlord wants to terminate the rental so you should be looking for a new place. Explain to the landlord that you are looking and will move out as soon as you find a suitable place, but that you need more time.
  • Nov 26, 2007, 01:40 PM
    LILL
    I assume you no longer have a lease... if so, below are the requirements for termination of tenancy.

    83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:

    (1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to the end of any annual period;

    (2) Where the tenancy is from quarter to quarter, by giving not less than 45 days' notice prior to the end of any quarter;

    (3) Where the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

    (4) Where the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.
  • Nov 26, 2007, 04:36 PM
    Fr_Chuck
    Thank you LILL but this would refer to most likely your state only ( if this is in the US) but it does not apply to all states by any means.
    In fact the standard is nromally notice of the pay period. If on month to month a months notice is required, if on week to week, a weeks notice is required
  • Nov 26, 2007, 06:15 PM
    ScottGem
    Quote:

    Originally Posted by Fr_Chuck
    Thank you LILL but this would refer to most likely your state only

    Umm Chuck, I assumed LILL had checked the Florida statutes. I just checked and 83.03 is a FL statute.
  • Nov 27, 2007, 08:06 AM
    stxc9a01
    I pay monthy rent in FL with no lease it was just an agreement I have lived their for over 2 years we were close friends but have driffted apart

    I have paid monthly in Fl for the last 2 years and the landloar lives in the same house
  • Nov 27, 2007, 08:30 AM
    JudyKayTee
    Quote:

    Originally Posted by stxc9a01
    I pay monthly rent in Florida


    Then you received insufficient notice - you weren't given sufficient time and I believe the notice has to be in writing, not be email.

    On the other hand if the landlord wants you out and you are in a private home you could find yourself locked out. Yes, you could go to the Police and/or Court and get back in but it would take time and money.
  • Nov 27, 2007, 08:36 AM
    ScottGem
    Quote:

    Originally Posted by stxc9a01
    I pay monthy rent in FL with no lease it was jsut an agreement I have lived their for over 2 years we were close friends but have driffted apart

    I have payed monthly in Fl for the last 2 years and the landloar lives in the same house

    Then, according to the statute that LILL posted, 15 days is the minimum notice. But it would need to be in writing, not e-mail.

    In any case, the landlord wants you out so you need to find a new place ASAP. Just ask for more time.
  • Nov 27, 2007, 03:33 PM
    stxc9a01
    Yes Thanks But I Thught I Would Have 30 Days?
  • Nov 27, 2007, 06:08 PM
    ScottGem
    In most states you would. Florida seems more landlord friendly then other states. But LILL cited the law.

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