How much notice mustreceive prior to an eviction?

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How much notice mustreceive prior to an eviction?

I live in a basement apartment and just received a notice of eviction on the 11th, and they want us out by the 30th. If were not out by the 1st they will put our stuff on the curb. She mailed the notice to our house (the same address they live in) and held onto it until we had paid rent on the 10th. The lease states as long as they receive rent by the 10th, it is not breech of contract. We’ve had some financial issues, so we were grateful for the grace period. The reason we are being evicted boils down to her daughter and grand baby moving home; they want to give our apartment to them.

Asked on July 12, 2011 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Each State in this country has different statutes (laws) regarding required written notice for a time period for giving a tenant notice for eviction. The first place to look as to time period required for the written notice is in the written lease/rental agreement if there is one. The time period for notice for eviction in the written lease/rental agreement would control if the time period stated is longer than what the statute in the State you live in provides.

Most States as a general rule require a thirty (30) day written notice for eviction to be mailed or personally served upon each tenant and the specific reasons for the eviction. Most States require per their own statutes that the running of the required time period for proper notice for an eviction begins running on the date that the tenant is served with the eviction notice and not the date of it. Usually mailing of a such a notice of eviction does not start the time running for calculationing move out date for required time requirements under a State's statute on the issue until after passage of five (5) days from the postmark on the lettter containing the eviction notice.


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