How long do I have to move out after being evicted?

Get Legal Help Today

 Secured with SHA-256 Encryption

How long do I have to move out after being evicted?

My fiance and I signed a 1 year lease agreement. When the lease expired we never signed a renewal. A few months later I lost my job and have been on unemployment, I notified the landlord I was laid off that rent may be occasionally late a day or so. Then 2 months ago my fiance was laid off part time and we did not have the money to pay rent, we had barely enough to pay electric and food. Today the landlord sent us a letter saying we have 5 days to pay both this and last month’s rent or the lease will be terminated. Does that mean we then have 30 days to move out?

Asked on January 5, 2012 under Real Estate Law, Delaware

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The notice you received from your landlord is an opportunity for you to pay what is owed for accrued rent and if not, he or she will deem that you are in breach of your lease and very well will serve you with an unlawful detainer action to evict you from the rental you are occupying.

Your options are to pay what is owed, not pay and simply leave on your own, not pay and continue occupying the rental expecting a lawsuit to evict you. Presently you do not have to vacate. However, if you do not pay the owed rent, you will most likely be subject to a lawsuit and a possible court order after a trial ordering you to vacate.

 


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