[bigtee]

I am renting a home. My lease was up in Sept.05 and now we are renting month to month. I let the landlord know that on the 2nd of the month that I wouldn't have the rent until 2wks from now. She stated that we have until the end of the month to get our things out. Then later on she stated that we have until the weekend to come up with the money or our things would have to be out by Monday. My question is can she do that? I thought that the landlord is suppose to give you 30 days to move in writing.

[Fr_Chuck]

Can she do it most likely if she is strong enoug can she do it legally most likely not. Your old lease, did it state that if not renewed it would go to a month to month, if so, the terms of it may apply. If not, the rules of your state ( if in the US) will apply.

In the end, she will have to go to court get an eviction order from the court, have it served to "physically" remove you.

A lot will depend on your area, honestly here where I live, if she did throw yourstuff out and called the police they would most likely do nothing except tell you that it had better get picked up.

For her side, remember she has tax bills, perhaps a mortgage on the rental house to pay and up keep costs, she depends on your money to pay her bills on the house and perhaps to pay part of her own living expense if she lives off her rentals.

So can she legally most likely not, but that does not stop some landlords.
I would go talk to her nicely again.

[LisaB4657]

If you are in the US then your landlord can "say" whatever she wants but it has no meaning. All state laws require that she must provide you with written notice to pay or vacate the premises. Some states allow for a 3 day notice, other states 5 days, and some states even more. Once she sends you the written notice if you fail to move out within the time then she must file a lawsuit for eviction. Go to http://realestate.findlaw.com/tenant to read about evictions in general. Then click on the Resources link to get the specific laws for your state.