Can I be given 1 day to move from my apartment for non-payment of rent?

Yesterday I was given a notice to move by my landlord, from the small claims court. It was filed on the 11th and requires me to vacate by 12:00 pm tomorrow. I was not given any notice of a court date and was just presented with the notice to vacate yesterday. Shouldn’t I have received notice of the court or gotten a 30 day notice to leave? Can I be required to move with almost no notice?

Asked on October 14, 2011 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It sounds that you were served with a court order from a presumed "no show" and default against you at an unlawful detainer action. If this is the case, then you are under a court order to vacate the premises per the terms of the court order.

However, if the document that you were served with by your landlord is not a court order, then you do not need to move. Given the uncertainty as to the content and legal effect of the document that you were served with recently regarding your rental, you need to carefully read it in that its terms and conditions control.

I suggest that you immediately consult with a landlord tenant attorney to review this document served upon you recently in order to give you further guidance as to its effect.

Good luck.


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