If we have not gone to court but my landlord sent a certified letter asking me to vacate the property in 30 days, is that a legal way of eviction?
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If we have not gone to court but my landlord sent a certified letter asking me to vacate the property in 30 days, is that a legal way of eviction?
Asked on January 4, 2013 under Real Estate Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you are a month to month tenant, which includes if there is no written lease, a written month to month lease, or a written lease which has expired, then the landlord may give you 30 days notice terminating your tenancy; he could also do that if you have a written lease which specifically provides that your tenancy may be terminated on 30 days notice. In those cases, the landlord could provide the 30 days notice then, if you don't go, bring an eviction action in court against you.
On the other hand, if you have a written lease for a defined or set period of time, such as the typical one-year lease, you generally cannot be made to leave until the end of the lease unless you provide good cause for eviction, such as nonpayment of rent, or material (important or major) violations of your lease.
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