What can I do if my landlord did not give me proper notice to vacate?

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What can I do if my landlord did not give me proper notice to vacate?

My landlord gave me a 20- day notice 13 days before the end of the month but put the date as the 9th.

Asked on September 1, 2010 under Real Estate Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If a landlord does not give proper notice to tenant to vacate then any proceeding brought for possession will be defective.  In other words, you do not leave.  If you do not leave then the landlord has to go through the proper channels to get you out.  He has to start an eviction process.  Once you are served with the Notice of Petition you have to file an answer.  In the answer you will put an "affirmative defense" that you were not properly served with the notice of eviction and that the court does not have "jurisdiction" to decide the matter before it.  These are defects in the proceedings. The court will have to dismiss them.  But they are dismissed "with prejudice" meaning that they can do it right and start all over again.  So maybe you should plan for the future.  Good luck.


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