Do landlords have to give you the reason for eviction?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do landlords have to give you the reason for eviction?
A friend of mine got a 60 notice of eviction from the rental office at our apartments, and when he ask why he was being evicted he was told I don’t have to tell you. Is this true?and should he wait till he receives legal papers to respond?
Asked on June 28, 2012 under Real Estate Law, Nebraska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, landlords must provide the reason for eviction, with one exception detailed below. That is because tenants can only be evicted for specific reasons (e.g. nonpayment of rent; disturbing the peace of other tenants after notice or warning to stop doing so), and the landlord has to provide the tenant with notice of the issue to take him/her to court (remember: tenants may only be evicted through the courts) and would certainly have to prove that reason in court.
The exception would be if the tenant is on a month to month lease or has a written lease allowing termination on notice (such as 30 or 60 days). In those cases, the landlord could choose to terminate the tenancy on proper notice (e.g. at least 30 days; you can always provide more than is required) for any reason and does not have to explain why.
Until there are legal papers, the tenant does not have to do anything; it can be a good idea to talk to the landlord and try to work things out, but you can't make the landlord do so if he won't.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.