[bshaff]

My fiancé & I, well ex I guess, live together in an apartment upon her request after I lost my job. She told don't worry about a thing, so I moved in & my name is on the lease. Its been 6mos & have 100s of applications out. So she has paid for everything, but out of the blue she comes up around 9:30cst this morning & told me, verbally only, I have 3 days 2 get out. Isn't there a certain amount of time she has to give me to get my exit going. We moved here to Mississippi from North Carolina 2 years ago so I'm trying to get my family come down & help me out of this situation.

[smoothy]

If your name is on the lease.. she can't throw you out at all.

If the lease was in her name alone.. she'd have to evict you under the current laws of your state... which would require a 30 day notice.

[ScottGem]

When you say your name is on the lease are you co-leasees or are you listed as an occupant? Some leases list all person living in the apartment but only one is the lease holder.

If you are a leasee, then she can't force you out, only the landlord can. And even then you would have to be given 30 days written notice to vacate.

[bshaff]

When you say your name is on the lease are you co-leasees or are you listed as an occupant? some leases list all person living in the apartment but only one is the lease holder.

If you are a leasee, then she can't force you out, only the landlord can. And even then you would have to be given 30 days written notice to vacate.

At the top it
...
They put me & her son on the bottom as occupants. So I have the right to live here I'm guessing. But isn't "the get out" need to be in written form or is 3 day verbal legal?

[smoothy]

Eviction is 30 days written... not three days written. In most of the country. And you can fight that dragging it out before it can be enforced...

If she locks you out before then... thats a contructive eviction and illegal... call the police if that happens immediately.

[bshaff]

Eviction is 30 days written...not three days written. In most of the country. And you can fight that dragging it out before it can be enfoced...

If she locks you out before then...thats a contructive eviction and illegal...call the police if that happens immediately.

She said the police will remove me. Her & the office lady are coffee pals so don't know what they have worked up. I'm not trying to stay I just need more than 3 days for assistance. Should it come from her or the office?

[smoothy]

She said the police will remove me. Her & the office lady are coffee pals so don't know what they have worked up. I'm not trying to stay I just need more than 3 days for assistance. Should it come from her or the office?

To be blunt, She's full of manure... substitute the proper 4 letter word.

SHe can't lock you out... she HAS to have you served with a 30 day notice to vacate... and after that she has to file with the court to have the eviction enforced. THat might not happen right away and might be days or even weeks.after that.

Those are your legal rights... and that is only IF she has the legal standing to evict you in the first place.

The police can't even evict you... the Sherrifs office has to do that and they won't until you have been properly served and then only after the court hearing to enforce the eviction at which you can fight it.

She can flap her gums all she wants... but until you are served in writing... that 30 day period hasn't started.

I'd talk to your landlord or rental office... if you are legally responsible to pay the rent if she fails to... then she has no standing to evict you in the first place.

If I was you I'd go to the local police station... make a report she's been threatening you... and might file false claims of an assault because she is attempting to illegally evict you before you can make araingments to leave on your own.

This will cast a doubt on anything she might try later. Just don't let her push you that far.

[bshaff]

She's full of manure....substitute the propert 4 letter word.

SHe can't lock you out....she HAS to have you served with a 30 day noticve to vacate...and after that she has to file with the court to have the eviction enforced.

Those are your legal rights...and that is only IF she has the legal standing to evict you in the first place.

The police can't even evict you...the Sherrifs office has to do that and they won't until you have been properly served and then only after the court hearing to enforce the eviction at which you can fight it.

So if I hold onto the lease with my name on it there is nothing she can do without a 30 day notice given to me?

[joypulv]

So if I hold onto the lease with my name on it there is nothing she can do without a 30 day notice given to me?

Correct.
Three days is the 'pay rent or vacate' time, if you are in default of payments that are stated on the lease. 30 days is the 'your tenancy here is terminated' because I just don't want you here anymore, but doesn't apply if there are still months left on the lease.
If you fail to vacate, however, no one can throw you out or lock you out or throw out your possessions. Someone, either the landlord or your roommate, has to go to court to evict you, and that takes time.

[smoothy]

So if I hold onto the lease with my name on it there is nothing she can do without a 30 day notice given to me?

If your name is on it in a manner that legally obligates you to make payments if she fails to... then she can't evict you. Your landlord or rental office can clarify that for you.


If you left in that situation and she couldn't make the rent... they could legally come after you for it... for the remainder of the lease period.

Your exact status on the lease is important for that reason.

[bshaff]

If your name is on it in a manner that legally obligates you to make payments if she fails to...then she can't evict you. Your landlord or rental office can clarify that for you.


If you left in that situation and she couldn't make the rent...they could legally come after you for it....for the remainder of the lease period.

Your exact status on the lease is important for that reason.

But the 3 day verbal is still bs then even if I'm not obligated for rent? We have lived here together for 6mos.

[smoothy]

But the 3 day verbal is still bs then even if I'm not obligated for rent? We have lived here together for 6mos.

Eviction laws don't care if you live there free.

A 3 day notice is usually a pay or quit... giving someone late on a payment (or other violation corrected ) notice they have three days to come current on everything owed or eviction will be filed. And THAT is a 30 day notice except in Florida or California.

[bshaff]

Eviction laws don't care if you live there free.

A 3 day notice is usually a pay or quit.....giving someone late on a payment (or other violation corrected ) notice they have three days to come current on everything owed or eviction will be filed. And THAT is a 30 day notice except in Florida or California.

Thanks, that's a little less stress.

[joypulv]

Verbal counts for next to nothing in tenant law.

[ScottGem]

ANY notice to vacate has to be in writing. It depends on where you live as to how much notice she has to give you. It can range from 15 days to 60 days.

In MS you would need 30 days notice. It won't help you to go to the landlord because, if you are listed as an occupant, then she is your landlord.

[bshaff]

ANY notice to vacate has to be in writing. It depends on where you live as to how much notice she has to give you. it can range from 15 days to 60 days.

In MS you would need 30 days notice. It won't help you to go to the landlord because, if you are listed as an occupant, then she is your landlord.

She just sent me a notice to vacate for no monies, with the 3 days to leave. She had me taken off the lease today. Now what?

[bshaff]

She just sent me a notice to vacate for no monies, with the 3 days to leave. She had me taken off of the lease today. Now what?

it was an email.

[smoothy]

She just sent me a notice to vacate for no monies, with the 3 days to leave. She had me taken off of the lease today. Now what?

How did SHE do that... if your name was on it then it was a legal contract and not even the landlord could do it without mutual agreement and YOU being there..

Stop believing what SHE says... its obvious that A:. She lie lying to you and B: she doesn't have a clue what the law actually is.

You are legally a resident... and a tenant... and despite what her deluded mind believes... as long as you don't physically assault her... you have to be served a 30 day notice in writing... and you still can't be forced to leave by anyone but the Sheriffs.

If she tries to do anything before then or any other way... call the police yourself.

[smoothy]

She just sent me a notice to vacate for no monies, with the 3 days to leave. She had me taken off of the lease today. Now what?

Did you read what we told you earlier in this thread... thats NOT legal... so its not a legal notice..

She HAS to give you a 30 day notice to vacate... and she can't even give you a 3 day pay or quit without some written agreement for rent. And even that's not a vacate notice... it gives you three days to pay before she gives you the LEGALLY REQUIRED 30 day notice of Eviction.

[ScottGem]

After further research, you may be in trouble. This site indicates that she may be able to give you a week's notice: Mississippi Termination of Lease Notice Law - Lease - Landlord Tenant.

Now this is subject to interpretation. I'm assuming that her lease is from year to year. Since you were on the lease, even as an occupant, in that case, then a 60 day notice could be required. Or at least 30 days. However, as just an occupant, the law might interpret it that you are a month to month and therefore only a week is required. But clearly 3 days is not enough, and I don't think an e-mail would qualify as written.

You can print out that site and show it to her and tell her a court is going to require her to give you 60 days written notice.

But what is clear here is that she can't put you out. She has to go to court and get a legal eviction order. And that means you get to plead your case before a judge. I'm going to take a guess here and say that her ignoring the law is going to inspire the court to side with you. You will still have to vacate, but I think the court will give you at least 30 days and maybe 60.

If she does try to put you out, you call the police and they will force her to let you stay. Or you could sue for an illegal eviction.

I also have to disagree with smoothy. As an occupant, I believe she can remove you from the lease without your consent. But that still doesn't give her the right to just kick you out. She still has to treat you as her tenant and that means she still has to follow the law to get you out.