Can my landlord evict me without a written notice?

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Can my landlord evict me without a written notice?

My landlord recently told my family and I that we had to move out by the 16th due to them selling our building. The notice was in person, nothing was written. Then they called us and changed the date to the 10th. Saying that was their closing day (a Sunday). Again this was a oral notice, nothing in writing. Our lease was up 5 months ago; we have been paying month-to-month since. Can my landlord legally evict us without a written notice? We have been great tenants, always paid on time, and we have been unable to find a place to live in such short notice.

Asked on June 7, 2012 under Real Estate Law, Missouri

Answers:

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

Answered 9 years ago | Contributor

Many states do allow oral notice to vacate but no attorney would recommend it.  First here it appears that sonce you are a month to mont tenant you would be required to be given one month's notice to vacate.  You have not bn given the requisite amount even orally here.  So effectively notice was improper.  If you do not move the landlord will have to bring an eviction proceeding.  His will fail becuase he has not given the requisite notice so it should be some time before you have to go.  If he wants you out then eventually he will figure it out and do things right (or the new owners will) so it may be best to start to look.  But you have some time here.  Good luck.


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