Can our landlord evict us without a 30 day notice?

About a month ago our landlord said that we owed her $250 for rent which we did not agree with so she gave us a notice that if we did not pay in 3 days she would start the eviction process. About 2 weeks ago we received a letter from the court telling us to state our reasons why we shouldn’t be evicted. We did everything except for pay rent for this month because we had planned on that being our last month in the house. When we originally moved in we had paid first and last months rent. Her attorney told us we had 2 days to move out. We had never received a 30 day notice.

Asked on August 23, 2011 Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you haven't paid the rent, the landlord can evict you by giving you a three day notice to pay rent or quit as occurred here when your landlord started the eviction process.  When there is unpaid rent, the landlord can start the eviction process with a three day notice to pay rent or quit.  There isn't any requirement of thirty days notice by the landlord in this situation.

As for the last month's rent you paid at the beginning of the lease, you would have to have given thirty days written notice to the landlord that you were going to move.  If you did not give that notice, the landlord would not know that you were going to move out.

Even if you gave 30 days written notice of moving, if you haven't paid all of the rent that is owed, you can still be evicted and given a three day notice to pay rent or quit.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you haven't paid the rent, the landlord can evict you by giving you a three day notice to pay rent or quit as occurred here when your landlord started the eviction process.  When there is unpaid rent, the landlord can start the eviction process with a three day notice to pay rent or quit.  There isn't any requirement of thirty days notice by the landlord in this situation.

As for the last month's rent you paid at the beginning of the lease, you would have to have given thirty days written notice to the landlord that you were going to move.  If you did not give that notice, the landlord would not know that you were going to move out.

Even if you gave 30 days written notice of moving, if you haven't paid all of the rent that is owed, you can still be evicted and given a three day notice to pay rent or quit.


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