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planettexas1 · Dec 27, 2011, 10:21 PM

I have for 6 months rented a floor in a home. The owner has a new girlfriend who doesn't like me so he told me I need to move. How much notice does he have to give me, do I have to pay rent while I also search for a new place to live. My rent is paid up for 2 more weeks and he just sent me a message on Facebook that I should move. Is this a legal eviction. I have never been late with rent. How long do I have to get out

Brenda

ScottGem · Dec 28, 2011, 04:24 AM

First, do you have a lease? If so, when does it expire? Second, ANY question on law needs to include your general locale as laws vary by area. We can't answer the how much notice question without knowing your area.

But we can tell you that this is NOT a legal eviction. Only a court can issue an eviction order. However, it may or may not be the first step in the process. Generally the process begins with a written notice to vacate, given you the legal time frame. If you are not out by the deadline, then the landlord files for an eviction order.

Also, you have to keep paying rent for as long as you occupy the premises.

LisaB4657 · Dec 28, 2011, 07:18 AM

If you have a written lease then you are entitled to stay there until the end of the lease.

If you don't have a written lease then you are considered a month-to-month tenant. The landlord can terminate your tenancy by giving you a written notice giving you anywhere from 15 to 60 days to move out. The required time he must give you depends on the laws in your state. If you tell us where you are located we can give you a more definite answer.

If you haven't moved out within that time then he can file a lawsuit for eviction. A trial date will be assigned and if you don't have a defense then the judge will grant the landlord a judgment for possession. Once the landlord has a judgement for possession he can have the sheriff or constable perform the eviction.

Yes, you are required to pay rent while you're looking for a new place. If you find a new place to live and plan on moving out earlier than the date the landlord gave you in the notice then you should let the landlord know in writing.

planettexas1 · Dec 28, 2011, 07:32 AM

No there was no lease signed when I moved in. I live in Virginia, Front Royal.

LisaB4657 · Dec 28, 2011, 07:44 AM

In Virginia a landlord is required to give you 30 days notice to terminate a month-to-month tenancy.

This also applies to you. If you find a new place and if the landlord hasn't given you a proper written notice then you have to give the landlord 30 days notice in writing that you're moving.

You didn't mention if the landlord gave you a specific time in the message he sent you on Facebook. If there was no specific time given then it was not a proper notice. But since you know he wants you out I suggest that you start looking immediately for a new place and give him a proper notice in writing when you find one.

Good luck!

ScottGem · Dec 28, 2011, 08:06 AM

Just to add to what Lisa said, you can tell the landlord that you will move out as soon as you find a place to move to. And that you will notify them as soon as you find a place with a move out date.

If they don't follow the law to provide legal notice then you can sue them.