Can a landlord evict me without going to court on a month-to-month lease?

Asked on July 25, 2010 under Real Estate Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally, not legally.  He or she has to give you proper notice, which here would be one month, and serve the notice under the law.  IF you did not move then he or she would have to file a Petition in the Landlord Tenant Court requesting an order of eviction. 

Every state has laws on how the eviction notice has to be served.  He or she himself can not serve you personally.  If your landlord attempts any "self-help" by changing your locks, etc., that would be against the law.  Once an eviction order has been obtained your landlord can generally ask the Marshall or other official designed to help with entering the apartment and clearing out the contents. Good luck.


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