How much notice does my landlord have to give when evicting us?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How much notice does my landlord have to give when evicting us?
Landlord says that we did not give adequate notice that we were going to be late paying rent, even though were were out of state seeking medical attention for our daughter. He claims that we were home and refusing to answer the door. I have medical bills with the appointment date clearly noted on them, but he refuses to hear about it. We’ve lived here for 16 months and we were less than 1 month late paying our rent.
Asked on July 30, 2011 Kansas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a written lease with your landlord over the unit being rented, read its terms carefully in that the document controls the obligations and duties that you and the landlord owe each other typically. If there is a provision in the written lease regarding notice to be given for evicting a tenaant, its terms typically control unless the notice provision violates your state's laws on the subject.
In most states, a 30 to 60 day written notice is required to be given to the tenant by the landlord for eviction purposes if the lease is at an end, there is a breach of the lease, or if the lease is on a month to month basis.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a written lease with your landlord over the unit being rented, read its terms carefully in that the document controls the obligations and duties that you and the landlord owe each other typically. If there is a provision in the written lease regarding notice to be given for evicting a tenaant, its terms typically control unless the notice provision violates your state's laws on the subject.
In most states, a 30 to 60 day written notice is required to be given to the tenant by the landlord for eviction purposes if the lease is at an end, there is a breach of the lease, or if the lease is on a month to month basis.
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.