What are a tenant’s rights if they receive notice to vacate the premises?

UPDATED: Jul 6, 2011

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What are a tenant’s rights if they receive notice to vacate the premises?

I received a 30 day notice to vacate my rental home. It’s a hand written notice from my landlord, not a court order. My rent is current. What are my rights? I do not want to vacate and am a single mother of 4 school age children, all under the age of 12.

Asked on July 6, 2011 under Real Estate Law, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First of all, do you have a written lease? If you do and you are not in default of any of the terms (e.g. the rent is being paid on time, you don't have any unauthorized people living there, you do not cause excessive noise, etc.) then you just can't be given a notice to vacate. If, however, you are on a month-to-month lease things are different. Upon 30 days (sometimes 60) a landlord may give a tenant notice to leave. Further they don't to give any reason.

As for the notice not being issued by a court, it's not supposed to be. Your landlord is to serve you notice. If you remain after the date specified for you to vacate, then your landlord can file a formal eviction action in court. At that point all vacate orders would be court issued.

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