Notice to move out from the apartment in 5 days?
My 22 yr. old sister lives in the apartment next to mine. She's been living there for a little more than a year now. Yesterday August 15th she was given a letter by the manager of the building. When she opened it, she realized it was a notice telling her that she had to move out by the 20th of August. Is this legal to do? She only has 5 days to figure out what to do and where to go. Can someone give me advice on whether what these people are doing is legal or not ? and whether there's something she can do about this? Thank you.
Answers:
As a landlord I'll try to help you out here. iN MY AREA THERE IS A 5DAY, QUIT OR PAY NOTICE THAT WE CAN GET FROM THE COURT CLERK. I have always had a notray on hand to witness, then presented a copy to the PD, then to the tenant. A lot of these people now act like there should be no penalty for their lack of responsibility. Although your sis says she paid this months rent what about last month? I cannot begin to tell you the types of people I've dealt with bc of this. I'm the type of landlord who is understanding up to a point and have given people every benefit of the doubt. The last tenant I evicted had been behind for over 6 mos. and by the time I 86ed him he had traded or sold the bathtub, sinks from bath and kitchen, hot water tank, knocked a doorway in between the kitchen & bedroom, torn the drywall from ceiling of living room, dining room, stole custom cedar cabinets from kitchen. And that's just the inside problems. I had to take one heck of a loss to get rid of this place. Ask your sis to see the paper. I bet there's a good reason for her to be out on her butt. I offered to let one couple i evicted to get the baby's things and they were more worried about the alcohol, weed, and playstation. BTW, he hit the pavement running ASAP. I did give her mother the hope chest and babies belongings. There's no reason for the baby to do without in my head. The father was spending rent money on weed to sell.
you'd have to add details on what the reasoning was, before you can get an accurate answer... I doubt she was just given it for no reason.
Well, it depends why they're making her move. If she violated the lease agreement or didn't pay rent, they can kick her out in 5 days, but if they're selling the property or something else, the law usually gives them 60or 90 days.
Please be more specific -- but unless she violated the lease agreement, it's probably illegal. You can also call the fair housing office in your state.
Landlord/tenant laws are different in each state/province. Where are you?
Depending on the reason. If it was for something illegal, yes, they have every right. You will need to contact the local magistrate though to find out what rights she has. If no reason was given, she needs one. And then I believe she has 30 days.
A lot depends on where you live and why she is being evicted. Check with your local government and read the lease.
Unless I'm very much mistaken, in the whole United States, at least 30 days notice is supposed to be given. Now, it'll probably take longer to try and find out through the general automated phone system from your City or State, so if possible both of you, as fast as possible, should let your fingers do the walking through the yellow pages. Ask opinion from few attorneys. And if at all possible, make good use of whatever free legal clinic in your area there may be.
Try to stop this landlord fast. Whatever the situation, unless your city is a complete exception to all rules, he has to explain why he's taking these steps. The only reason I can think is that building and zoning from your area, or any government agency has found the apartment uninhabitable.
depends..did she not renew her lease? not pay rent? break the apartment's community rules?
No, minimum 30 days if not more. The hardest thing is to evict someone, it can take months, and then it is hard. What was the reason for eviction?. She should call the county housing authority and let them know what is going on. I do not know enough about her case to really give advise, but 5 days is unheard of, no way. You tell her to sit and look for other resources and do not let the manager bully her. Tell her to contact a lawyer and see about her rights. can she stay with you until this is sortied out?
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