Hi there

My landlord told me I had to move out less then 4 days from today if she didn't have the rent money. Yes, I am late and this is the first time since I have been there which is almost 2 yrs. I won't have the rent money within the 4 days she is asking and I wondered what procedure will she have to go through since I don't have a lease. Is there a 30 day notice that she has to give or do I have to go as soon as she says move? I mean I told her I am going to give her the money I just ran into a financial problem this month.:( . Will she have to go the court house and tell them she want's me gone or what? Please help because I have googled and I can't find an answer to how the procedure works for tenants that don't have a lease and the landlord told them to move.

Thanks a lot

First she has to give you a written notice to pay or vacate the property. The amount of the notice must be anywhere from 3 to 10 days, depending on the laws of your state. If you haven't paid or moved within that time then she has to file a lawsuit for eviction with the county court.

At the top of the Real Estate Law forum there is a sticky with links to the landlord/tenant laws for all of the states. Check there for the laws for your state.

As Lisa stated, she can't just order you out. If the issue is nonpayment of rent, she has to give you some written notice. If you refuse, she then has to go to court and go through the eviction process. At any time, right up to the day the sheriff comes, you can still avoid eviction by paying in full.

However, since you have no lease, the landlord can terminate your residency at any time by giving you notice equal to one rental period (if you pay monthly then 1 full month). So if she is not happy that she wants you out after 2 years just for being a few days late, she may decide to terminate anyway. So I would suggest you start looking for a new place.