If we have not gone to court but my landlord sent a certified letter asking me to vacate the property in 30 days, is that a legal way of eviction?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we have not gone to court but my landlord sent a certified letter asking me to vacate the property in 30 days, is that a legal way of eviction?

Asked on January 4, 2013 under Real Estate Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are a month to month tenant, which includes if there is no written lease, a written month to month lease, or a written lease which has expired, then the landlord may give you 30 days notice terminating your tenancy; he could also do that if you have a written lease which specifically provides that your tenancy may be terminated on 30 days notice. In those cases, the landlord could provide the 30 days notice then, if you don't go, bring an eviction action in court against you.

On the other hand, if you have a written lease for a defined or set period of time, such as the typical one-year lease, you generally cannot be made to leave until the end of the lease unless you provide good cause for eviction, such as nonpayment of rent, or material (important or  major) violations of your lease.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption