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Ripka82 · Jun 8, 2015, 08:25 PM

When do I legally have to move out? We were asked to move out of our apt do to unclean condition. But the person who asked us to move out is the landlords mother who lives in the building. She is not listed on the lease or any other paperwork as a landlord. There was nothing posted on the door or nothing mailed to us she simply said we had to move and we had 30 days she also had us sign a paper which she had signed not the landlord to be honest I have never met my landlord. We have been living in the apt since 10/23/2014 and were promised a bigger apartment in feb by the same lady and we are still in a small apt.

Fr_Chuck · Jun 8, 2015, 08:48 PM

It is obvious, that she is acting on behalf, perhaps in the capacity of a manager. You have accepted this, since you previously talked to her about larger apartment, and agreed to talk to her and sign a paper about moving out.

The issue to this, is in the lease, it appears they are saying you are in violation of the lease (broke one or more of the rules) in this case your apartment sanitation is so poor that you have created an unsafe environment. At least this is what I am getting from what you wrote.

Does your lease require they give you a warning and time to clean ? Is your apartment really that bad?

You can dispute the facts and make them do the eviction though court. Or you can move in 30 days. If they go to court and win, it will be hard to get future rental, because an eviction will be on your record.

GorgeousGrandma · Jun 8, 2015, 09:15 PM

Yes I would fight it if you do not wish to move out. However if the lady has good reasons to ask you to move she could as stated above take you to court and you don't want that! How do you not know the landlord have you always dealt with the mother?

joypulv · Jun 9, 2015, 03:24 AM

Your question can't really be answered without knowing
What state, if the US
What the terms of your lease are, if any
What you signed recently

In general, a landlord or landlord representative has to follow the laws for eviction of your state. In extreme cases of 'uncleanliness,' the health and fire department can declare the apartment a hazard immediately. But what did you SIGN?

The promise of a bigger apt isn't relevant.

ScottGem · Jun 9, 2015, 05:36 AM

I agree with Joy, we need more info before we can tell you whether to fight or not or when you have to move.

1) We were asked to move out of our apt do to unclean condition.

Who created this condition? Where any warnings given?

2) landlords mother who lives in the building.

This make it probable she is representing the landlord.

3) she also had us sign a paper

What did this paper say? This is a key point which you neglected to tell us. If this paper was acknowledging the violation and/or that you were notified to vacate, then you have 30 days.

4) We have been living in the apt since 10/23/2014

Normally a lease is for 12 months. This would suggest you are still under the lease, so they would need a breach of the lease to terminate it early.