Can I be given 1 day to move from my apartment for non-payment of rent?

UPDATED: Oct 14, 2011

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Can I be given 1 day to move from my apartment for non-payment of rent?

Yesterday I was given a notice to move by my landlord, from the small claims court. It was filed on the 11th and requires me to vacate by 12:00 pm tomorrow. I was not given any notice of a court date and was just presented with the notice to vacate yesterday. Shouldn’t I have received notice of the court or gotten a 30 day notice to leave? Can I be required to move with almost no notice?

Asked on October 14, 2011 under Real Estate Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It sounds that you were served with a court order from a presumed "no show" and default against you at an unlawful detainer action. If this is the case, then you are under a court order to vacate the premises per the terms of the court order.

However, if the document that you were served with by your landlord is not a court order, then you do not need to move. Given the uncertainty as to the content and legal effect of the document that you were served with recently regarding your rental, you need to carefully read it in that its terms and conditions control.

I suggest that you immediately consult with a landlord tenant attorney to review this document served upon you recently in order to give you further guidance as to its effect.

Good luck.

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 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.

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