[BillyValentine]

I am currently on a month to month basis with my leaseholder/apt complex. My rent is paid in full and is NOT in default We recently had an housing inspectinon in which the property manager says my dwelling is violation of the landord/tenant agreemant,(too much clutter in home) and they could evict me because of this. If they decide to evict me, how much time by law are the required to give me before I have to vacate the premisis.


They are telling me that they only have to give me a week is this true by law?

[rockinmommy]

Eviction varies a lot state to state. First thoroughly read your lease. If you were on a year lease and it then went month to month the most recent, written lease you signed will still apply. Read what your lease says about the condition the unit must be kept in, as well as what it says about eviction. Then, also check your state landlord/tenant laws. You can find a link in the first post in this forum.

Actually, are you wanting to stay, or would you just as soon move?

During the inspection did the landlord take photos? What type of clutter are we talking here... call Oprah for an intervention, or they just don't care for your extensive souvenir shot-glass collection? Unless it's obvioulsy out of control I would think something like clutter would be a tricky way to get someone evicted.

Telling you they can have you out in a week is a bluff. I just listed a general idea of eviction procedures in a thread entitled 'eviction for non payment of rent'. Check that for an idea of the process. Where they're getting the time frame of a week is probably the length of notice they initially have to give you. They'd give you a written notice saying you have XX number of days to vacate the premesis or correct the lease violation. If you don't do either they have to take you to court - you're not automatically evicted.

If you'd just a soon move, but want to leave on your own terms (I'm guessing this will be a recurring problem with this landlord) giving them a written, 30 day (or whatever your lease specifies) notice that you're moving out will probably satisfy them.

I'm in TX, which is probably THE most landlord friendly state, and the entire eviction process here takes almost a full month. Unless the tenant leaves voluntarily at some point during the process.

Sorry I rambled. Hope something in there helped.
Karla in TX

[ScottGem]

The landlord can TELL you to vacate as soon as they want. But they can't FORCE you to vacate without going through formal eviction proceedings. In a case like yours, where they are citing a violation of the lease, you would have until a formal hearing to repair the lease violation. If you go into court with pictures or other documentation showing that the condition has been fixed, the eviction will be dropped.

However, since you are on a month to month, the landlord can terminate the lease with one rental period's notice.