Do landlords have to give you the reason for eviction?

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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 9 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.


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